My fiance's employer fired him unjustly is there anything he can do?

Question

He was let go after being required to work eight 12 hour shifts in a row, he got sick, had enough points to take a half day, told the supervisor he wasn't feeling well and had to go home, the supervisor said do you have enough points for that my fiance replied yes and I will see you for the extra mandatory day tomorrow. The employement agency then called and said stop by the office before you go back to your job, he did and was told that he was not to report back to that job he had been terminated. Now the employment agency is saying he isn't eligible for rehire...is there anything legally that can be done?

Answer 1

We have two entites involved here - the employment agency, and the company at which your fiance (let's call him "JOE") was working. I'm unclear as to whether he was an employee of the agency who was "leased" to that company, or whether he was directly employed by the company and had simply been recruited through an agency.

Let's assume it's the former In that case, the company has the right to end the assignment of a leased worker at any time, for any reason or for no reason at all. Because the company does not directly employ the person, they don't need to follow an employer-employee relationship.

However, the leasing/employment agency DOES need to follow that relationship. Whether or not the company ended Joe's assignment, the agency is still Joe's employer. Unless Joe somehow violated the agency's policies, he should still be eligible for continuing employment and can be placed with another company as a leased employee.

Visit www.dol.gov for employment regulations in your area. They will also accept a wrongful termination claim if Joe chooses to file one.

Good luck.

Answer 2

i believe this is tricky. Since employment company is not legally the employer, just an avenue for getting hired, your fiance may have no recourse.
Also some states are the 'right to hire' states which means anyone can get fired for any reason without notice. No write-ups are required for termination of employment.

I am not an attorney.

Answer 3

I had something comparable happen to me in Cali once I worked for important different and childrens credit centers. i became a fraud investigator besides. you ought to learn and notice in case you state is an "at will" employment state. this implies a company can hearth you for any reason and would not ought to provide a reason. additionally bypass to the hard artwork board. probability is he has a combat because of the fact he can sparkling his call for destiny employment. because of the fact he became fired for the reason given I doubt he will qualify for unemployment. The hard artwork board will help him extra advantageous and he ought to make certain an criminal expert.

Answer 4

Unfortunately no the company called the temp agency and said they did not want him nothing more can be done

Answer 5

In the US if he were placed by an employment agency, the company can let him go anytime they choose.

Answer 6

Depends. If you work for an at will state you canbe let go at any time for no reason at all and all you can do then is try and file for unemployment. If your state is not an at will state then you can contact Wages and Labor and file a complaint.

Answer 7

See a lawyer

Answer 8

they can do what they want. its a temp agency no matter what they say.

Answer 9

call your local labor board, if there is anything that can be done, they will be able to tell you.