Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
Quote:
Quoting
jk
They used my information to perform an action I did not condone.
only two entities could terminate your employment; you or your employer.
This is what I suspected.
Being that I am employed by company A, who is partnered with company B, and company B informed company A that I consented to transfer to company C, therefore terminating my original employment with company A without consent, they illegally represented me without my authorization. My employer (company A) terminated my employment under the false assumption that I consented to it, as this was part of a massive employee transfer (Dozens of employees DID consent to transfer. I however, among a small handful of others, did NOT.) I had no intentions of transferring, as I am looking for a job which will allow telecommuting due to the birth of my daughter.
If posters in this thread are offended that I defend my statements and question their mistaken (though good intentioned) statements, well, I apologize.
Reviewing their post history, however, I think asking me to apologize is hypocritical, as they are aft oft harsh with fresh forum members with no justification.
The purpose of these forums is for those uninformed in matters of law to seek advice, not come to have their issues belittled or scoffed at, and when parties present on these forums not only misinterpret the issue, but belittle it, well, it's offensive, and I assure you I'm quite justified in my statements.
CBG, if you do not believe it is illegal for a partner of a temp agency to terminate the employment of a contractor working with the temp agency without the contractors consent, you are mistaken.
I was not fired. I was "hired".
I continue going to work with the company in question, as they are not my employer, and never have been.
If a third party (whom I have never signed over power of attorney to) is somehow able to alter your employer without your consent or knowledge, well, we'd have a lot of unhappy people in the contracting world.
Insomuch as I can tell, as I did bother to do a bit of pre-emptive research on this topic before asking for advice on these seemingly helpful forums, I do not see any other publicized instances of this that I can compare with.
I have contacted a lawyer, but seeing as Friday(The day the issue was discovered) was Black Friday, and today is a weekend, I will have to wait until monday to speak with an attorney directly.
If you had bothered to explain anything at all, instead of simply questioning my claim and saying "Do you understand that your consent is not needed?" , I may have been inclined to be civil.
As of now, my rent is overdue, and I do not have the funds to pay it as a direct result of this issue.
This will damage my renters history, accrue late fees, and possibly damage my credit (I've yet to discover if this property reports to any credit bureaus.)
Damage enough for you?
I've been impersonated, had my information used without consent, therefore technically leaving me legally unemployed, and as a result have not been paid, and may potentially lose my home, or at best have a damaged rental history/credit score.
That's legal?
Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
Goodbye, IncidentManager.
When you are asking for free information and advice from volunteers, it is incumbent on you to behave in a manner that befits your position - that is, of a seeker.
I'll give you this much. The client company CANNOT terminate your employment with the temp agency. They can only tell the temp agency that your services WITH THEM are no longer required. If your employment with the temp agency was then terminated, it was done BY THE TEMP AGENCY and no one else.
And yes. That's legal.
That's all you get until you start behaving like a human being and not like a jerk.
Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
In accordance with the contract I signed with the contracting company, section 12, subsection C , they have defaulted on their portion of the contract.
Thank you for failing to ask anything pertinent at all, and instead assume you know the terms and conditions of the contact I signed.
I have been able to finally contact a lawyer, and after reviewing both the contracts signed with my temp agency and the company they are partnered with, I was informed that yes, there was a breach of contract , and yes, it was illegal.
I have begun moving forward with notification to the offending party as stipulated in the arbitration agreement, and will handle it from here.
Have a great weekend.
This topic can be closed, or handled however completed topics are.
Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
Yet another dissatisfied customer who managed to contact a lawyer AND meet with him and have him both review paperwork and come to a conclusion, after ten pm on the Saturday of a holiday weekend.
Color me cynical.
Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
Handy indeed to own a fax machine, have people in the family who practice law, and actually keep copies of your contracts. ( each a whopping 7 pages long)
But you had the last word, feel better now?
Color me amused.
-Edit: This post is in the wrong subsection of the forum. Should be moved.
Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
So... After all that...
What are your damages?
Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
Something I asked him more than once, and which he never answered.
Fifteen minutes before you magically contacted this lawyer, you were going to have to wait till Monday to talk to one. Presumably you had that fax machine and a lawyer in the family when this whole thing started. So you'll have to forgive me if I find your claim something less than creditable.
Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
I don't even know why I'm telling you this at this point, but as of today damages were accrued. Late rent, rental history, and credit. Seeing as the payment has encountered a "hiccup" of some sort, there will be further monetary damages accrued tomorrow, and the day after from further bills that are due, and further damaging my payment histories.
Seeing as I did not wish to become an employee of a standalone company, but remain a contractor, and that this standalone company was outside of my contract with both the temp agency AND the agency with whom I had an assignment, they had no legal right to employ me without my consent. They also provided false information to my employer, which led to the termination of my employment by that entity.
I'm not as upset as my temp agency is now that they are aware of what transpired.
So that's one business, one individual that see a problem here, but you remain cocksure. As it turns out, they also misrepresented the transfer as nearly-mandatory, when in fact it was not. They hinted at termination if no transfer took place, and that is quite untrue according to my agency.
So, there we have employment without consent, monetary damage, and intimidation.
But of course, you'll say it's all perfectly legal, yes.
Thanks for your time, yet again.:wallbang:
"Fifteen minutes before you magically contacted this lawyer"
...really? You might have read the date wrong, there.
Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
Sorry dude but those are not damages attributable to the issue. Your inability to pay your bills is due to your failure to pay the bills. If you don't have enough money then it is because you failed to save any. None of that is this third parties problem or fault.
beyond that, your only action available is to go to your (former) employer and say; I didn't authorize anything. As far as I am concerned I still work for you.
and no, they cannot employ you without your consent. If nothing else when you were presented with w4's for the new company you simply say; but I don't work for you. Then you go to your employer to make sure you actuslly are still employed by them.