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Employer Transferred Without Consent, Non-Payment for Hours Worked

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  • 11-28-2014, 11:05 AM
    IncidentManager
    Employer Transferred Without Consent, Non-Payment for Hours Worked
    My question involves employment and labor law for the state of: Texas


    I am a contractor for a technology firm in Dallas, Texas.

    I contract through my agency, and receive payment for hours submitted to them through a third party company. (Who is partnered with the technology firm as a "workforce solution" provider, or payroll entity.

    Recently, my company announced to me (On the 24th of November) that all contractors are being contacted and offered the choice to switch to a new PEO partnering with the company, which will offer benefits, PTO, and the like.

    However, I was , according to my (previous) temp agency transferred on the 17th of November.
    I have neither been sent, nor have I signed ANY paperwork relating to this transfer.
    As a result, my payments from my (previous) temp agency stopped as of November 17th.
    The (new) temp agency has the money for the week of the 17th- the 23rd, but has not released it to me, as bank/deposit information is to be provided with consent, and again I was never given any paperwork to sign, nor signed any paperwork.

    Are there legal actions to be taken in this instance?
    I have contacted the new staffing agency, and they have offered to send me my money overnight via direct check.
    Please advise, or if further information is required, please let me know.
    Thank you.
  • 11-28-2014, 11:45 AM
    adjusterjack
    Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
    Quote:

    Quoting IncidentManager
    View Post

    However, I was , according to my (previous) temp agency transferred on the 17th of November.
    I have neither been sent, nor have I signed ANY paperwork relating to this transfer.
    As a result, my payments from my (previous) temp agency stopped as of November 17th.
    The (new) temp agency has the money for the week of the 17th- the 23rd, but has not released it to me, as bank/deposit information is to be provided with consent, and again I was never given any paperwork to sign, nor signed any paperwork.

    Are there legal actions to be taken in this instance?

    Probably not.

    When you work through a temp agency, your contract is with the temp agency and not with the temp agency's client.

    What does your contract with the temp agency say about administrative changes?

    Quote:

    Quoting IncidentManager
    View Post

    As a result, my payments from my (previous) temp agency stopped as of November 17th.
    The (new) temp agency has the money for the week of the 17th- the 23rd, but has not released it to me, as bank/deposit information is to be provided with consent

    I have contacted the new staffing agency, and they have offered to send me my money overnight via direct check.

    OK, you'll get paid. You haven't been monetarily damaged by any of this.

    Get over it.
  • 11-29-2014, 11:50 AM
    IncidentManager
    Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
    My issue is not with payment. I know how to get my payment from the company in question.
    My temp agency did not do any administrative changes. This is not a contract-related issue.

    The company my agency is contracted with provided false documentation stating that I consented to transfer to the new company.

    Again, as clearly stated above, they were informed on the 17th that I consented to transfer, which is why they stopped payments.
    I was not informed or contacted about the transfer until the 24th.
    Do you understand now?
    I'm sorry if that was unclear. This is more employer-related fraud than a payment issue.
  • 11-29-2014, 12:39 PM
    cbg
    Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
    Do you understand that your consent is not needed?

    It is not clear to me how you have been damaged by this alleged fraud. Please explain.
  • 11-29-2014, 01:25 PM
    IncidentManager
    Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
    The contract agency did not perform the action.
    A company I am not employed by told my employer that I consented to change employers.
    You say this is legal?
  • 11-29-2014, 01:28 PM
    cbg
    Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
    What law do you believe exists that makes it illegal?

    You still have not explained in what way you have been damaged by all this.
  • 11-29-2014, 01:29 PM
    IncidentManager
    Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
    The contract agency did not perform the action.
    A company I am not employed by told my employer that I consented to change employers. , and thus changed my employer without my knowledge or consent.
    This transition is OPTIONAL, not mandatory, and was not required.
    You say this is legal?

    So:
    A) They failed to inform me of the change prior to it taking place, and without asking prior consent to perform the change, which is to be made at the contractors discretion.
    B) They provided documentation saying that I consented (Prior to informing me of the change, and when I had in fact not consented) , which is why my employer transferred my employment without my knowledge.



    Yes, my consent IS required, so I'm not sure what you are talking about. Again, this transfer was to be performed AFTER contacting contractors, and AFTER obtaining their consent to do so.

    So it's okay for any client of any temp agency to transfer your employment to another third party without your knowledge, by providing false documentation to your temp agency (employer) stating that you consented to the transfer? That's amazing.

    I do not think you quite understand what I am saying. I have documentation of when I was informed, I know the names of the people who provided the documentation, and when, and I also have access to the forms that were submitted.
    This is an open and shut case, I have no idea why you are looking for monetary damages in a fraud case. (Does a lack of monetary damage make them using my identity to terminate my employment any less illegal?)

    They used my information to perform an action I did not condone.
    They terminated my employment with my temp agency without my consent. (I am not their employee. They have no legal right to terminate my contract with an unaffiliated company that they do not own, nor manage.)
    They caused a delay in payments by providing false documentation to my employer, without obtaining my consent.
    They failed to inform me that I was being transferred, or of the transfer at all, and the transfer is optional.


    I thought ahead and collected documentation on all this. I know this isn't legal. Are you actually lawyers?

    What laws exist to prevent people from using your information to terminate your employment (By transferring it) without your consent? This company does not employ me. I am not on their payroll. I am a private contractor employed by a temp agency. They terminated my employment with the TEMP AGENCY without my consent by telling the temp agency that I consented to terminate it when I DID NOT. I am literally the only person at the company this happened to, and this was verified with Senior service directors and regional service directors. This isn't something they did en-masse. Everyone else was contacted, asked for consent, and they either were, or were not transferred according to their response, be it yes or no.
    Are you insane?
  • 11-29-2014, 02:46 PM
    Dogmatique
    Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
    Quote:

    Quoting IncidentManager
    View Post
    The contract agency did not perform the action.
    A company I am not employed by told my employer that I consented to change employers. , and thus changed my employer without my knowledge or consent.
    This transition is OPTIONAL, not mandatory, and was not required.
    You say this is legal?

    So:
    A) They failed to inform me of the change prior to it taking place, and without asking prior consent to perform the change, which is to be made at the contractors discretion.
    B) They provided documentation saying that I consented (Prior to informing me of the change, and when I had in fact not consented) , which is why my employer transferred my employment without my knowledge.



    Yes, my consent IS required, so I'm not sure what you are talking about. Again, this transfer was to be performed AFTER contacting contractors, and AFTER obtaining their consent to do so.

    So it's okay for any client of any temp agency to transfer your employment to another third party without your knowledge, by providing false documentation to your temp agency (employer) stating that you consented to the transfer? That's amazing.

    I do not think you quite understand what I am saying. I have documentation of when I was informed, I know the names of the people who provided the documentation, and when, and I also have access to the forms that were submitted.
    This is an open and shut case, I have no idea why you are looking for monetary damages in a fraud case. (Does a lack of monetary damage make them using my identity to terminate my employment any less illegal?)

    They used my information to perform an action I did not condone.
    They terminated my employment with my temp agency without my consent. (I am not their employee. They have no legal right to terminate my contract with an unaffiliated company that they do not own, nor manage.)
    They caused a delay in payments by providing false documentation to my employer, without obtaining my consent.
    They failed to inform me that I was being transferred, or of the transfer at all, and the transfer is optional.


    I thought ahead and collected documentation on all this. I know this isn't legal. Are you actually lawyers?

    What laws exist to prevent people from using your information to terminate your employment (By transferring it) without your consent? This company does not employ me. I am not on their payroll. I am a private contractor employed by a temp agency. They terminated my employment with the TEMP AGENCY without my consent by telling the temp agency that I consented to terminate it when I DID NOT. I am literally the only person at the company this happened to, and this was verified with Senior service directors and regional service directors. This isn't something they did en-masse. Everyone else was contacted, asked for consent, and they either were, or were not transferred according to their response, be it yes or no.
    Are you insane?


    I suggest you fork out the money to pay an attorney. Being snippy with the volunteers here isn't really going to do you any good.
  • 11-29-2014, 02:50 PM
    cbg
    Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
    No, I am not insane. But you have a very incorrect idea of what things are and are not legal within an employment situation.

    I also do not believe you fully understand precisely what happened here. But you have gone out of your way to ensure that I am not inclined to explain it to you.

    Now, if you want to apologize for insulting everyone here, and agree to listen with an open mind to the explanations (keeping in mind that you might possibly be wrong about some things that you evidently know very little about) then MAYBE I (or someone) will agree to explain to you exactly what did happen and why there was nothing illegal about it. But as long as you continue ranting and raving and refuse to pay any attention to anything but your own (erroneous) beliefs, I see no reason why I should pound my head against the wall trying to beat the knowledge into you. I am a volunteer here and nothing compels me to answer any question I don't want to.

    Up to you what happens next.
  • 11-29-2014, 05:57 PM
    jk
    Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
    They used my information to perform an action I did not condone.
    Quote:

    They terminated my employment with my temp agency without my consent. (I am not their employee. They have no legal right to terminate my contract with an unaffiliated company that they do not own, nor manage.)
    They caused a delay in payments by providing false documentation to my employer, without obtaining my consent.
    They failed to inform me that I was being transferred, or of the transfer at all, and the transfer is optional.
    only two entities could terminate your employment; you or your employer.

    if somebody claims your employment was terminated and you didn't do it you need to speak with your employer, or former employer as it seems.
  • 11-29-2014, 07:48 PM
    IncidentManager
    Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
    Quote:

    Quoting jk
    View Post
    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?
  • 11-29-2014, 07:54 PM
    Dogmatique
    Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
    Have a nice weekend.
  • 11-29-2014, 07:55 PM
    cbg
    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.
  • 11-30-2014, 06:30 AM
    IncidentManager
    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.
  • 11-30-2014, 06:37 AM
    cbg
    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.
  • 11-30-2014, 09:05 AM
    IncidentManager
    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.
  • 11-30-2014, 09:46 AM
    harrylime
    Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
    So... After all that...

    What are your damages?
  • 11-30-2014, 10:23 AM
    cbg
    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.
  • 12-01-2014, 11:40 AM
    IncidentManager
    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.
  • 12-01-2014, 02:37 PM
    jk
    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.
  • 12-01-2014, 05:00 PM
    cbg
    Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
    I will acknowledge reading the date wrong. Mea culpa. However, my disbelief still stands.

    I will go this far; I will acknowledge that it is possible the client company could have enrolled you as an employee without your knowledge, though I am unaware of any employment law such an action would violate. I stand firm, however, that they cannot end your employment with the temp agency without the cooperation of the temp agency.

    You don't want to work for them; the temp agency doesn't want you employed by them. So quit, and continue your employment with the temp agency. Problem solved.
  • 12-01-2014, 09:09 PM
    jk
    Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
    [QUOTE=cbg;850651]I will acknowledge reading the date wrong. Mea culpa. However, my disbelief still stands.

    Quote:

    I will go this far; I will acknowledge that it is possible the client company could have enrolled you as an employee without your knowledge, though I am unaware of any employment law such an action would violate. I stand firm, however, that they cannot end your employment with the temp agency without the cooperation of the temp agency.
    they may have enrolled him as an employee but that does not make him an employee. One has to accept employment to become an employee.

    if you think otherwise, well, it's time you started listening to your new boss; ME.

    see how that doesn't work?


    Quote:

    You don't want to work for them; the temp agency doesn't want you employed by them. So quit, and continue your employment with the temp agency. Problem solved
    the problem I see is; he has accepted employment by this new agency. That is supported by the fact he is expecting, and even actively dealing with a pay issue with the new agency. If you do not accept employment by a given company, you surely are not going to look to receiving pay from them.

    but as you said; if he doesn't want to be employed by this new agency; quit. I suspect the former agency is no longer involved with the client company so returning to them might not be the best idea though.
  • 12-02-2014, 04:17 AM
    cbg
    Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)
    Oh, I agree. They can put him on the payroll without his knowledge or permission but they can't force him to show up and start working. That wasn't my point. He keeps insisting that they ended his employment with the temp agency and you and I both know that simply isn't possible. They have no means to alter their pay records or update the employment status of anyone working for them. If the temp agency says yes, you're still employed, than he is. If they say no, you're no longer employed by us, then THEY did it since they're the only one who can.
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