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  1. #1

    Default Working as a Temp, Told I Will Never Get a Full-Time Position

    My question involves labor and employment law for the state of: Texas.
    In 2008 I signed up with a temp service. They assigned me to company X as a administrative assistant. I had to sign a job description with company x detailing all my job duties. In 2010, my supervisor told me the company was switching to a new temp service and that I had to sign up with the new temp service or be fired. So I signed up with the new temp service which is based in a different state. Once I was under this new temp service, company x added more duties to my workload but did not update my signed job description. I have not had a raise in 2 years and currently I'm 8 months pregnant. Aside from my agreed work duties I now have duties to work in the warehouse. My duties at work are administrative assistant, payroll clerk, pull orders, pack orders, ship and receive orders. Also, as a temp worker I'm the only employee able to do the operations manager job when he is absent. Not to mention there are several times I have worked hours and not been paid for them. I have sent emails more than once to my operations manager and company x payroll dept. about missing pay and nothing has been done. Now that I'm pregnant, I still have to work in a hot warehouse lifting heavy boxes among other hazardous things. The warehouse work is causing me to not able to keep up with the job duties I agreed apon in 2008. And I now have been asked to train a supervisor to do some of the duties asked of me. And I have been told more than once that company x will never hire me as a full time employee although I am capable of doing all that is asked of me and then some. My operations manager is always talking to me in a abusive manner. Often refusing to help in the warehouse me if I ask. There is not one day I don't here my operations manager making a sexual comment about women. I know for a fact he let's certain employees get away with stealing from the job if he can benefit and knowingly allow employees to work while under the influence of drugs. I have knowledge of employees stealing hours and employees being paid wages but not performing there job duties.
    Do I have a legal case against company x? What rights do I have? Is this some form of discrimination?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,865

    Default Re: Working as a Temp, Told I Will Gever Get a Full-Time Position

    You posted this as a question about medical issues. You did not tell us about any of your medical issues except that you are pregnant. What did you leave out, and what do the rest of your complaints have to do with your medical condition?

    You ask if you have a legal case against company X... for doing what? Mean boss? No. Other employees do things that should get them fired? No. Asking you to do your job duties when you have not claimed or documented any incapacity? No. Not updating your job description? No. Not moving you from part-time to full-time? Not based on anything you've said so far.

    Sexual comments about women - maybe, but we would need more details; have you (or anybody else) complained to HR or taken other action and, if so, with what result?

    In terms of the pay, is the "operations manager" somebody who works for your actual employer, the temp agency? If not, what were you told when you raised the issue with the temp agency?

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    12,973

    Default Re: Working as a Temp, Told I Will Never Get a Full-Time Position

    There is no legal requirement that temps ever be hired into full time positions unless there is a legally binding and enforceable contract that specifically says otherwise. There is no legal requirement that any employee, regardless of status, ever receive a raise unless the same qualifier applies or if minimum wage is raised by the appropriate legislative body AND the employee is currently paid less than the new minimum. There is no legal requirement that your job description be formally updated, or even that there be a written job description. (It is wise to have one for many reasons but it is not a legal requirement.) There is no legal requirement that you be provided with help if you ask, and much of what many people consider being talked to in an abusive manner is not, by legal definitions. It is entirely up to the employer whether they allow employees to steal from them or work while under the influence, and even if it were not, it would not give you standing to sue them.

    The only thing you have mentioned that might give you any kind of legal claim is the sexual comments. However, you should first report it to the agency you are employed by and/or the company HR. It can strengthen a claim you eventually file if you report it and do nothing, and it can weaken a claim if you do not give them the opportunity to address it first.

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