Not Permitted to Return to a Temp Job by the Agency After Unfair Criticisms

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Quoting rdonovan1

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The attorney that I talked to has not said one way or the other about whether the law was violated. What he has asked me to do is write a letter to him and it is his intention to write Labor Ready a letter. He thinks that would be the wise move.

He has seen the write up and thinks that something is rotten in Denmark. I told him what happened and showed him the write up so he at least has my side of the story and has seen what they wrote. He wants to know as to what specific task I was uncooperative with and that I had allegedly walked away from like they say in the write up as it does not say. He also finds the date of the write up to be rather fishy as well as it was written up on March 15th. Nothing out of the ordinary occurred prior to the 21st.

Prior to the 21st. Everything on my end in regards to that job was business as usual. The company that I was at did however have a lot of changes go on on their end. They fired one of their long term full time employee's for reasons unknown to me and they transferred their regular auctioneer to Denver. That was all on their end and had nothing to do with me. They also made changes to their auction hours and how long they kept us.

Labor Ready also went through changes as well, starting with a move from one location to another and then stopping the issuance of any and all safety gear that they at one time provided for jobs that employee's of Labor Ready did. At one time they even changed how they paid a person. When I first started they paid the same day. They tried to pay the next day for all work performed, but dropped that for reasons I do not know and there was talk about how they wanted to go from paying the same day to paying people once a week. Those were all Labor Ready changes that they did.

I never said that Labor Ready was my favorite company to work for. I have just been doing it for the money as they are the only temp agency in town that pays the same day for any and all work done that day and when you are short of cash that greatly helps to fill the void while you are trying to look for other jobs elsewhere.

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Unless you've lied to your attorney or forgotten to tell him something or "misremembered" something, I simply find it highly unlikely that an attorney has given you this advice.

Do you still not understand? THEY DID NOTHING ILLEGAL.

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Quoting jk

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I'll agree the term "fired" is a matter of semantics but ultimately it is a moot point since in the legal sense the client company neither fired the op or even terminated their employment. The situation is no different than the one I work in every single day. I am employed by company L. Company L has a contract to perform $50mm worth of work for client N. I am not employed by N. N Can refuse to allow me onto their property but I am still employed by company L until they terminate their relationship with me. Very often employers such as L have other projects for people in my situation to work at and they simply send me to another work site.

Client N cannot fire me in the legal sense never ever ever because I'm not working for them although I perform work on their premises and they are the benefociary of my labor. The most they can do is disallow me from working on a project they are paying for.

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I will agree with you that it is semantics and that it is moot. We both agree that neither the client company nor the temp agency did anything illegal and that he has no legal claim against either. The rest is, quite frankly, irrelevant.

Neither the temp agency or the auto auction company has said what the specific violation is that I have allegedly done and that is the issue. If they can't state the specific date and incident then they have no case against me at all. Just because someone says something does not make it true. They have offered nothing to prove that I did anything wrong. Whether people like it or not in this country the law says you are innocent until proven guilty. Not guilty until proven innocent. All we have to go on at the moment is what I know happened on the 21st and before then and what the write up says and what I was told by the temp agency and that is not much at all. They have offered nothing to prove their case. It takes two for a lie a to become true. One to offer the lie and the other to accept the lie and in this case the lie is coming from either the auto auction company or the temp agency. At this point no one really knows. We are still trying to figure out what the heck they are talking about and referring to.

As for employment law, I know a lot more than any of you think. I know the law in most states is 'At-Will' and I know what it means as well. I also know what it means to work hard and to do what the employer asks and that is important because if you don't do what the employer asks of you, then they have every legal right to fire you.

In this case, I was doing my job. I did not argue with them about the job and I did not refuse to do the job either. There is a difference between working smart and working stupidly.

I have been doing that job because it has been the only thing I have been able to get and I have been doing it so that I had some money coming in right now that I could use. The money is not much, but it is better than nothing. I have had problems outside of the job relating to my family and others who do not believe that I should be working and I disagree with them on that. They think that jobs are plentiful here and that employers just come right up to you and offer you million dollar an hour jobs to sit around and do nothing and that is complete and utter B.S. If you want a job, then you have to be willing to go out and do what it takes to get the job and if you want to keep a job, you have to be willing to do what the employer wants you to do to keep the job. The only time it is even remotely acceptable to refuse to do a job is if what they ask you to do is either unsafe or illegal.

You can legally refuse to do a job if what the employer wants you to do would hurt other people or would cause you to break the law by doing something like driving over your hours or some stupid b.s. like that.

What they asked me to do was not unsafe or illegal in any way. It is how they are treating me for doing that job that I question. I might not have been very good at what they asked me to do, but I did not refuse to do what they asked me to do nor did I walk away from the job either. If they had asked me to stay later than when I was normally scheduled to get off work and to finish what I had started, then I would happily have agreed to stay.

I can't say if they are referring to the 21st or not, but it is the only day and time that I have ever had any kind of real problems at that job and it was only a problem because I was offered no help with the job and was not allowed to utilize the jump boxes either. If I had been allowed to utilize the jump boxes on the cars that needed it and had help wrapping the cars, then that would have made things go a lot smoother and faster.

Like everything else in my life, I made the best of what I had available to me.

When you go to a job, the employer should allow you to utilize the tools and equipment that you need to do the job and if you need help, then they should either find someone that can help you or allow you to find someone that can help you to the job.

If I really wanted to do so, I could bring OSHA in to the company. They would most definitely find violations at the job site and would fine the company. That however is not my goal or intent. It's just simply to work that job and any other job that I can get and do while I look for better jobs elsewhere that I believe are better suited to my talents, skills, abilities and interests.

Simple common sense says that when you are financially broke, you take what jobs that you can get and do and you do the best that you can at those jobs.

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Quoting rdonovan1

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Neither the temp agency or the auto auction company has said what the specific violation is that I have allegedly done and that is the issue. If they can't state the specific date and incident then they have no case against me at all. Just because someone says something does not make it true. They have offered nothing to prove that I did anything wrong.

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They don't NEED to prove anything. They don't have to "make a case".

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Whether people like it or not in this country the law says you are innocent until proven guilty. Not guilty until proven innocent.

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WRONG. That is the standard used in CRIMINAL matters. Do we really have to explain why it does not apply here?

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All we have to go on at the moment is what I know happened on the 21st and before then and what the write up says and what I was told by the temp agency and that is not much at all. They have offered nothing to prove their case. It takes two for a lie a to become true. One to offer the lie and the other to accept the lie and in this case the lie is coming from either the auto auction company or the temp agency. At this point no one really knows. We are still trying to figure out what the heck they are talking about and referring to.

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They do not have to make a case. They don't owe you an explanation, or even acknowledge your presence.

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As for employment law, I know a lot more than any of you think. I know the law in most states is 'At-Will' and I know what it means as well. I also know what it means to work hard and to do what the employer asks and that is important because if you don't do what the employer asks of you, then they have every legal right to fire you.

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You clearly don't know a thing about employment law. You clearly don't know what "at will" means. Your employer can fire you because he woke up cranky. He can fire you because you are wearing blue socks.

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In this case, I was doing my job. I did not argue with them about the job and I did not refuse to do the job either. There is a difference between working smart and working stupidly.

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And it doesn't matter. They did nothing illegal.

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I have been doing that job because it has been the only thing I have been able to get and I have been doing it so that I had some money coming in right now that I could use. The money is not much, but it is better than nothing. I have had problems outside of the job relating to my family and others who do not believe that I should be working and I disagree with them on that. They think that jobs are plentiful here and that employers just come right up to you and offer you million dollar an hour jobs to sit around and do nothing and that is complete and utter B.S. If you want a job, then you have to be willing to go out and do what it takes to get the job and if you want to keep a job, you have to be willing to do what the employer wants you to do to keep the job. The only time it is even remotely acceptable to refuse to do a job is if what they ask you to do is either unsafe or illegal.

You can legally refuse to do a job if what the employer wants you to do would hurt other people or would cause you to break the law by doing something like driving over your hours or some stupid b.s. like that.

What they asked me to do was not unsafe or illegal in any way. It is how they are treating me for doing that job that I question. I might not have been very good at what they asked me to do, but I did not refuse to do what they asked me to do nor did I walk away from the job either. If they had asked me to stay later than when I was normally scheduled to get off work and to finish what I had started, then I would happily have agreed to stay.

I can't say if they are referring to the 21st or not, but it is the only day and time that I have ever had any kind of real problems at that job and it was only a problem because I was offered no help with the job and was not allowed to utilize the jump boxes either. If I had been allowed to utilize the jump boxes on the cars that needed it and had help wrapping the cars, then that would have made things go a lot smoother and faster.

Like everything else in my life, I made the best of what I had available to me.

When you go to a job, the employer should allow you to utilize the tools and equipment that you need to do the job and if you need help, then they should either find someone that can help you or allow you to find someone that can help you to the job.

If I really wanted to do so, I could bring OSHA in to the company. They would most definitely find violations at the job site and would fine the company. That however is not my goal or intent. It's just simply to work that job and any other job that I can get and do while I look for better jobs elsewhere that I believe are better suited to my talents, skills, abilities and interests.

Simple common sense says that when you are financially broke, you take what jobs that you can get and do and you do the best that you can at those jobs.

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I don't know how much simpler we can make this.

YOU. WERE. NOT. ILLEGALLY. FIRED.

You have NO. LEGAL. CASE.

But y'know, you've made it painfully clear why they don't want you around at any cost. Trust me there.

Your opinions mean nothing to me. Without that job, I will die and that is not a joke. My life has already been hanging in the balance because of people's unfounded hatred of me and refusal to abide by intelligence, common sense or even the law.

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Quoting rdonovan1

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Your opinions mean nothing to me. Without that job, I will die and that is not a joke. My life has already been hanging in the balance because of people's unfounded hatred of me and refusal to abide by intelligence, common sense or even the law.

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So opinions are meaningless if they aren't what YOU want to hear. I'm with Dogmatique. No wonder you got canned, with that attitude. I'm sorry you are down on your luck and live in a car. Maybe your attitude, where everything has to be your way, is part of the reason you're having trouble staying employed. The car lot doesn't owe you anything. They don't owe you a job or an explanation on why you were let go. Find something else and move on.

I also think you should get some counseling because you aren't seeing things rationally. You've received plenty of advice and from at least one attorney and some HR experts and nobody thinks you have a discrimination case. See about free or low cost counseling and job placement services in your area.

And you will not "die" without the job unless you choose to do nothing to help yourself. In this case, that means getting another job or getting into a shelter or on some kind of public assistance. You lived before you got that job, you won't die without it.

They like other workers better than you. It’s really just that simple. It could be a misunderstanding or personality conflict but doesn’t really matter. They just prefer others, and when the client makes that decision you cease to exist in their world. It is unilateral and you have no standing. I’ve done temp work as well and had exactly the same problem on one particular assignment. No explanation was offered and it was frustrating, but future assignments went much better.

The only issue that I think you can effectively address is the write-up from Labor Ready. I suggest you submit your own version to be added to your employee file. Try to stay positive and open minded in your written report and in all future dealings. When you get into a victim mentality you tend to attract more trouble instead of the good fortune you are hoping for.

goog golly

The fact that you claim you will die without the job does not change the law to say that they cannot fire you without notice or because you were doing your best EVEN IF YOU ARE RIGHT.

At this point, you're spending more time on an internet forum than you are looking for a new job.

You need to stop blaming others for your shortcomings.