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

I am in New Mexico and have a problem with Labor Ready that just cropped up yesterday that I think is unfair and discriminatory towards me and I am wondering what you people think about my situation and what I can and should do about it.

Since 2014, I have been working for Labor Ready out at a company called Insurance Auto Auctions in Albuquerque, New Mexico. My job there is primarily to drive the cars in front of the bidders. I have had little to no problems with Insurance Auto Auctions and Labor Ready until yesterday.

Yesterday, I showed up on time at 8 AM and initially started putting the barriers that they use to keep the bidders out of the drive path during the run and drive part of the auction. When we were done with that, I was asked to go around and open the hoods on all the cars that did not start. I did that until the run and drive part of the auction started and then started driving the cars through the auction like I normally do. There were over 100 cars in the auction yesterday.

Everything went relatively smooth til we got towards the end of the run and drive. I made a small mistake, but quickly corrected myself. When we got to the 100th car, I though the run and drive part was over and was going to go and pick up trash. I quickly realized that there were more cars and jumped in the next car.

When that was done. I was asked by one of the people that works there that I consider to be my boss to go and put plastic wrap on all the cars that did not have windows in them or that the windows did not or where the doors did not seal properly because of damage to the cars. I did not complain about it, but I did tell them that was something that I was not good at doing as I normally don't do that. He still insisted that I did it and I did. I tried to find other people that worked with me out there through Labor Ready to help me, but could not find anyone to help me so I ended up doing it all by myself.

I found a few cars in which there were windows that could be rolled up if they had power from a jump box and I went inside the building to grab one and was told not to worry about that and to wrap the cars any ways the way that they were. Even though I did not think that was a smart idea and I did what they told me to do.

Our normal quitting time there is 12 Noon and I stayed and did as many cars as I could till that time. When 12 Noon came around I went and signed out and left for the day. No one at any time asked if I was done or to stay longer.

Later on in the day I was told by Labor ready that I supposedly was uncooperative and had walked away. They claim that the customer asked me to perform the task again and that I was allegedly uncooperative and that is not true. I was only asked once to do it and never refused to do the job at any time.

I have talked to a few other people and they think the same thing I do that what they are doing is discriminatory. I am 46 and I live in my car and have been relying up on that job just to survive and put gas in the car. That job was once a week and only 4 hours. I am now being told not to return to that place by Labor Ready and I was written up for doing this and I do not think that what they are doing is right. To me it smells of discrimination and I am not really sure as to what to make of it or even as to what to do. I need and depend upon that job. It is the only thing I am capable of getting or doing at the moment. I cannot afford to lose this for any reason.

Anyone have any thoughts on this?

I'm not seeing any illegal discrimination. Discrimination based on what protected characteristic?

What am I to do? It is not normal for people to attack you like this for doing your job to the best of your abilities. What they are doing to me is not right. I am the type that believes that when you go to work, you do what the boss says to the best of your abilities even if you don't like it. The only time it is ok to question what the boss says is if it is unsafe or illegal. What they asked me to do was not unsafe or illegal so I had no right to question it or to complain about it. I did what they asked me to do to the best of my abilities with what I had available to me and in the time that I had. I should not be disciplined for that. I looked at the letter they gave me and it predates yesterday. That makes me think that this was pre-planned by them. I am waiting for my PPL membership to be reinstated so that I can talk to an attorney about this matter. I cannot miss one day at all. I can't afford it.

It may or may not be "right" to fire you. You have posted nothing to suggest that it was illegal to fire you, even if it was pre-planned. You have not posted anything that suggests any illegal discrimination. You have posted nothing to suggest that the employer violated any laws or protected rights.

You can and should file for unemployment but unless there are major facts you have omitted you have no legal basis to fight the termination. Google at-will employment.

Labor Ready did not fire me. They just said that I am not supposed to return to that job and they wrote me up for doing the job that I was asked to do. What was I supposed to do? Argue and fight with the guy about it. That would not be right. It is not my place to tell the employer how to run his business. My job is to do the job that I am asked to do to the best of my abilities. If it had been up to me, I certainly would not have done things the way they were doing things, but that is not my call and never was.

Granted. It was not your call. It is also not your call if the agency does not return you to the job or if the agency doesn't want you back for whatever reason.

Right?

Most discrimination by employers is legal. It is only illegal under federal law if your employer has 15 or more employees and the reason for the adverse treatment is because of your race, color, national origin, citizenship, religion, age (if you are age 40 or older), sex, disability, or genetic test information. It is illegal under New Mexico law if the reason is because of your race, age, religion, color, national origin, ancestry, sex, physical or mental handicap or serious medical condition and, if your employer has 15 or more employees, because of spousal affiliation, sexual orientation, or sexual identity. So unless the reason for the employer’s decision was one of these reasons (and you can prove it) there is no illegal discrimination.

The employer and the car lot may have treated you unfairly, but even if most people would agree it was unfair the unfortunate thing for you is that unfair is not the same thing as illegal. If the action was truly taken because the auto lot thought you had displayed a poor attitude, that is perfectly legal. Even if the perception of the people who thought you had a poor attitude was wrong.

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Quoting cbg

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You can and should file for unemployment

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That 4 hours 1 day a week thing makes me think there is no monetary eligibility and will result in further disappointment.

I'm really not sure what you believe the problem is.

I am currently employing a temp agency that provides me with workers to perform certain services for me. So far I have asked them not to have three people return. I have no doubt they were working to the best of their ability, however, the best of their ability was not sufficient to meet my needs.

Are you suggesting I should continue to pay to keep these people in my employ because they are trying hard and need the job, in spite of the fact that they are unable to properly provide the service I am paying for?

If so, do you believe I should pay additional money to hire more people who can actually do the work in order to finish the job on time? If so, where can I get that extra money from?

If paying the extra money causes me to take a loss instead of making a profit, how will I pay my rent and feed my family?

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Quoting rdonovan1

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II need and depend upon that job. It is the only thing I am capable of getting or doing at the moment. I cannot afford to lose this for any reason.

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I don't understand this comment. What do you mean, it is the only thing you are capable of getting or doing at the moment? If you still work for Labor Ready, ask them for another assignment.

And if Labor Ready does NOT have another assignment for you right away, file immediately for unemployment benefits. If you have worked for covered employers in the last two years, which it appears you have, and your employer, which is Labor Ready, does not have work for you, then you should have enough wages on file to set up a claim and should apply for unemployment benefits quickly.

Remember, Labor Ready is your last employer, not the Auto Auctions place. They were just a client of Labor Ready, which paid in unemployment taxes on your behalf. Any week that they do not have work to offer you, you can be eligible for a week of unemployment benefits if approved. In order to keep you from getting unemployment benefits, Labor Ready would have to show that they have FIRED you (from their whole temporary service) for a valid misconduct reason. If they simply removed you from a worksite, (which is what they did) due to a one time incident, due to behavior which was not gross misconduct, and that you had had no prior warnings about, and they had not had any trouble with you before, they're going to have a very hard time keeping you from being approved for and receiving benefits, even if they do say you are fired from Labor Ready. The best thing for them to do would probably be to find you another worksite quickly. And your filing a claim might help move them toward doing that more quickly. Keep them fully appraised of how to reach you and how much you'd like another assignment.

As far as getting your old worksite back, or suing somebody, either Labor Ready or the Auto Auctions place, for discrimination, it isn't going to happen. Temporary agencies work on the premise that if the business has an issue with one of their employees, (regardless of fairness or severity of the issue) you can simply ask them to remove this person from your work site. No questions asked, no problems. They send somebody you may like better.

So don't spend too much time effort and energy explaining why you did this and who said what and whether the customer did this or that. Nobody cares. It's just that for some reason the auto auctions place does not want you anymore. It's Labor Ready's problem whether or not they have another assignment for you to go to or you end up drawing unemployment benefits which will cost their account.

I understand that you may have had the one job site that perfectly met your wants and needs, and that you are going to be in bad shape if you miss even one day of work, but that does not make illegal discrimination. Yes, they discriminated against you in that they said they wanted you off the worksite assignment. But that was not in any way an illegal sort of discrimination, not in any way protected by the law. You don't need a legal service to tell you this, it's just the way things are in the USA these days.

But if you are out of work through no fault of your own (which they will decide) and you have offered yourself back to the temp agency as ready, able and available for another assignment and they do not have one to send you on, you are possibly eligible for unemployment insurance.

It was the only thing keeping me alive. I am homeless, living in my car and have been screwed out of making money by so many people that it's not funny. Just last month, I tried to help someone out who is stranded in Nigeria. Since I don't have the money to help her out personally, I tried to get her friends and family to help her. One of them deposited fake checks into my account that I am now liable for.

I was trying to get help from my family for my situation and even through a police detective, but they refused to help me at all. My father does not think I should work for any reason and I disagree with him on that and have disagreed with him on that since 2014.


I needed that job, just to get me through the week. It was the only thing that I had. People should not be attacked for doing the job that they are asked to do.

If you are capable of doing it all yourself, then why hire the temp agency or anyone else? People hire people because they cannot do a job all by themselves. It's common sense.

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Quoting chyvan

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That 4 hours 1 day a week thing makes me think there is no monetary eligibility and will result in further disappointment.

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Perhaps. Or perhaps he had previous employment. If you feel comfortable suggesting that he not at least file and see what the state says, I don't.

I needed that job, just to get me through the week. It was the only thing that I had. People should not be attacked for doing the job that they are asked to do.

Fine. You need the job and it was horribly unfair. We get it. That doesn't change the fact that it was LEGAL and that you have no legal recourse, based on what you've posted, to force them to return you to work.

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Quoting rdonovan1

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It was the only thing keeping me alive. I am homeless, living in my car and have been screwed out of making money by so many people that it's not funny. Just last month, I tried to help someone out who is stranded in Nigeria. Since I don't have the money to help her out personally, I tried to get her friends and family to help her. One of them deposited fake checks into my account that I am now liable for.

I was trying to get help from my family for my situation and even through a police detective, but they refused to help me at all. My father does not think I should work for any reason and I disagree with him on that and have disagreed with him on that since 2014.


I needed that job, just to get me through the week. It was the only thing that I had. People should not be attacked for doing the job that they are asked to do.

If you are capable of doing it all yourself, then why hire the temp agency or anyone else? People hire people because they cannot do a job all by themselves. It's common sense.

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Actually, people hire other people for many reasons - some are perfectly able to do a particular job, yet it's just cheaper to hire someone for less money while they themselves devote their time to do their own business where they can work the same hours for more money themselves.

And did you really fall for the Nigeria Scam?

My thing with this is this. If you employ someone to do a job and you ask them to do a job and they do that job to the best of their ability, then they are doing their job. The customer that Labor Ready had me at should not be getting mad at me for doing the job that they asked me to do. I told them before I started doing the job that they asked me to do that I was not very good at what they asked me to do. They knew that ahead of time and could have easily have asked one of the other temps to do it or to at least help me with it and had me do something else that they knew I was good at doing.

The fault here lies in the company itself and not with me. It's simple common sense. Don't ask someone to do something that you know they are not qualified to do or are not good at doing. Anyone with any intelligence and common sense knows that.

There were other temps there that they could have asked to do the task that they wanted done and that probably could have done it faster and better than I could of. Saying that you are not good at doing something is not the same as refusing to do a job. It is merely a statement of fact and that should have been taken into consideration by them before they had me do the job that they asked me to do. Not everyone is good at everything. We all have our strengths and weaknesses.

What makes me think that Labor Ready planned this is the date that the woman at Labor Ready signed the write up. It is a full week before this incident even occurred. That makes me think that they were looking for any reason to get rid of me before this even occurred and that is discrimination, especially since there was no prior warnings from Labor Ready about my performance at that company. The only issues that ever came up between me and Labor Ready about that company related to Labor Ready shorting me on my pay and my hours and that is something that I had tried to address previously with lawyers and with their head office.

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Quoting rdonovan1

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My thing with this is this. If you employ someone to do a job and you ask them to do a job and they do that job to the best of their ability, then they are doing their job.

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Good heavens NO! That's NOT correct! "Best of their ability" does NOT equate to "Properly"!

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The customer that Labor Ready had me at should not be getting mad at me for doing the job that they asked me to do. I told them before I started doing the job that they asked me to do that I was not very good at what they asked me to do. They knew that ahead of time and could have easily have asked one of the other temps to do it or to at least help me with it and had me do something else that they knew I was good at doing.

The fault here lies in the company itself and not with me. It's simple common sense. Don't ask someone to do something that you know they are not qualified to do or are not good at doing. Anyone with any intelligence and common sense knows that.

There were other temps there that they could have asked to do the task that they wanted done and that probably could have done it faster and better than I could of. Saying that you are not good at doing something is not the same as refusing to do a job. It is merely a statement of fact and that should have been taken into consideration by them before they had me do the job that they asked me to do. Not everyone is good at everything. We all have our strengths and weaknesses.

What makes me think that Labor Ready planned this is the date that the woman at Labor Ready signed the write up. It is a full week before this incident even occurred. That makes me think that they were looking for any reason to get rid of me before this even occurred and that is discrimination, especially since there was no prior warnings from Labor Ready about my performance at that company. The only issues that ever came up between me and Labor Ready about that company related to Labor Ready shorting me on my pay and my hours and that is something that I had tried to address previously with lawyers and with their head office.

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None of this matters. Honestly, it doesn't matter. Nothing illegal has happened.

That makes me think that they were looking for any reason to get rid of me before this even occurred and that is discrimination, especially since there was no prior warnings from Labor Ready about my performance at that company.

It is not ILLEGAL discrimination, and quite frankly I don't see that it's discrimination at all. But even if you're absolutely right and the whole thing was a set up to get rid of you because they didn't like you THAT IS NOT ILLEGAL.

It might be "wrong". It might be the company's fault. It might be unfair. IT IS LEGAL.

Did you do what I suggested and look up "employment at will"?

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Quoting cbg

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That makes me think that they were looking for any reason to get rid of me before this even occurred and that is discrimination, especially since there was no prior warnings from Labor Ready about my performance at that company.

It is not ILLEGAL discrimination, and quite frankly I don't see that it's discrimination at all. But even if you're absolutely right and the whole thing was a set up to get rid of you because they didn't like you THAT IS NOT ILLEGAL.

It might be "wrong". It might be the company's fault. It might be unfair. IT IS LEGAL.

Did you do what I suggested and look up "employment at will"?

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I'll admit to being alarmed at the suggestion that if I ask you to perform toenail surgery on my husband and you did it "to the best of your ability" then you've actually "done your job". Even if that toe is no longer attached to my husband's foot ... :eek:

^^^^Like

The OP really needs to go back and read Tax's post again. "Discrimination" and "Illegal Discrimination" are two entirely different animals (and quite frankly, even if the OP is absolutely right that it was planned in advance, I'm not even seeing the legal kind.)

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Quoting rdonovan1

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My thing with this is this. If you employ someone to do a job and you ask them to do a job and they do that job to the best of their ability, then they are doing their job. The customer that Labor Ready had me at should not be getting mad at me for doing the job that they asked me to do. I told them before I started doing the job that they asked me to do that I was not very good at what they asked me to do. They knew that ahead of time and could have easily have asked one of the other temps to do it or to at least help me with it and had me do something else that they knew I was good at doing.

The fault here lies in the company itself and not with me. It's simple common sense. Don't ask someone to do something that you know they are not qualified to do or are not good at doing. Anyone with any intelligence and common sense knows that.

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This is SOOOOO not common sense. So, you and I are hired for the same job. I can perform all tasks with skill, you do them to the "best of your ability." Our employer asks you to do something, you tell the boss that you don't do it well, but Cocoabean can do it. So the boss should just let Cocoabean do it while you get to pick and choose your tasks, cause the "best of your ability" is far from stellar. In fact, the best of your ability might not even meet the job standards, but you should get credit for it because you are trying!

Hogwash. Welcome to the adult world. If you cannot or will not do your job, you may be removed from it. Or you could ask for training, and hope you improve. I've worked with people who tried very, very hard, but could not grasp the concepts of the job. I've worked with others who chose not to try. Sorry, I am not doing their jobs just because I can. Although I have been forced to sometimes by bosses who needed the job done.

The Nigeria stuff has been reported to the police. They have all of the documents relating to that issue already, so there is nothing more that I can do about that. That situation however did make a bad situation worse and what is happening right now with Labor Ready just adds insult to injury.

Use your common sense. If you and Cocoabean as you call it are asked to do a job and Cocoabean refuses to do the job because he is too lazy to do it, he should not be getting credit for it. It's that simple.

Common sense says that when you are at a job you do not argue with the boss about the job. You do the job that he or she asks you to do to the best of your ability even if you don't like the job. That is what is called having integrity and a work ethic. You may not like the job. but if it brings you money and helps you to pay the bills you do it without question.

Being lazy in the world of work does not pay the bills. The only reason, I am not good at doing what they asked me to do is because I don't do it very often. They normally have had me do other things instead.

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Quoting rdonovan1

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Use your common sense.

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You, who fell for the Nigerian scam, are absolutely the last person who should be telling anyone to use common sense.

There's no discrimination here. They didn't enjoy working with you, so you no longer work for them. Find another job.

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Quoting rdonovan1

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The Nigeria stuff has been reported to the police. They have all of the documents relating to that issue already, so there is nothing more that I can do about that. That situation however did make a bad situation worse and what is happening right now with Labor Ready just adds insult to injury.

Use your common sense. If you and Cocoabean as you call it are asked to do a job and Cocoabean refuses to do the job because he is too lazy to do it, he should not be getting credit for it. It's that simple.

Common sense says that when you are at a job you do not argue with the boss about the job. You do the job that he or she asks you to do to the best of your ability even if you don't like the job. That is what is called having integrity and a work ethic. You may not like the job. but if it brings you money and helps you to pay the bills you do it without question.

Being lazy in the world of work does not pay the bills. The only reason, I am not good at doing what they asked me to do is because I don't do it very often. They normally have had me do other things instead.

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I wish I had a buck for every time I've been asked to do something I had little or no experience with. I'd be able to retire.

And guess what- I've been (on rare occasion) reamed for not doing said job(s) to the satisfaction of the boss, but that comes with the territory. It's called life in the workplace. It's not fair but it is what it is. They don't owe you a job.

Okay. You did the job to the best of your ability.

Guess what. It is 100% legal in every state to fire, suspend or demote an employee who does not do their job to the satisfaction of the employer EVEN IF HE IS DOING HIS BEST.

If you've gotten to the age of 46 and haven't learned that yet, it's time you did.

I'm surprised nobody mentioned this but two things you did support exactly the reasons given for not wanting you back;

you were told to wrap the cars that needed it. You decided on your own they maybe some of the cars might be able to have their windows rolled up if you used a jump box; you weren't asked to try to roll up the windows. You were told to wrap the cars.

Then, you left before the work was done so yes, you did abandon the job. It sounds like you just figured it was noon it was time to leave. Well, your work was not done so at leat you should have asked someone with authority of you should stay and finish the work or leave it undone.


So, not only was there no discrimination, illegal or otherwise, the reasons you were told not to return were completely valid.


Time to find a new assignment.

It's not that we don't understand how scared you are without the job when you're already living in your car. But we wouldn't be doing you any favors if we encouraged you to seek legal recourse when there simply isn't any.

I have talked to an attorney today and he has seen the write up that Labor Ready gave me and he too questions there behavior. He says that this is serious, it does need to be addressed and that Labor Ready gave no specific instance of me being uncooperative or of walking away after being asked to do a job. Just like me, he tends to think their story is fishy.

Dude, labor ready cannot send you to a client that doesn't want your there. Labor ready has done absolutely nothing wrong here.

You gave age a description of not complying with assigned job tasks and you admit you walked away from an unfinished job simply becaus it was noon.

But I see your real goal. This was all bullshit so you could spam the forum. If not, get rid of the name of the firm as it is irrelevant to you situation.

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Quoting rdonovan1

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I have talked to an attorney today and he has seen the write up that Labor Ready gave me and he too questions there behavior. He says that this is serious, it does need to be addressed and that Labor Ready gave no specific instance of me being uncooperative or of walking away after being asked to do a job. Just like me, he tends to think their story is fishy. He is an attorney for the REMOVED

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I'm sorry, but I think you're either not understanding what you were told, or you inadvertently misled the attorney.

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Quoting jk

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Dude, labor ready cannot send you to a client that doesn't want your there. Labor ready has done absolutely nothing wrong here.

You gave age a description of not complying with assigned job tasks and you admit you walked away from an unfinished job simply becaus it was noon.

But I see your real goal. This was all bullshit so you could spam the forum. If not, get rid of the name of the firm as it is irrelevant to you situation.

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Oh gawd .... *facepalm*

I am not spamming. I am talking about a real situation that really happened. I initially posted this here because I could not initially get in contact with the law office regarding the issue.

Quitting time is normally 12 Noon to begin with. You obviously do not understand the situation or how Labor Ready or the company that I was working for works.

Labor Ready did do something to me. Why are you unable to see it. Normal companies do not do this type of stuff. If there is a problem with your performance, they pull you aside, inform you of the problem and ask you to improve before they start writing you up.

All I did was the job that I was asked to do. It's that simple and that is how I am because unlike a lot of people out there I have good work ethics and do not believe in arguing with the boss. You may not like the job that you are asked to do, but if you want to keep your job, you shut your mouth and do what is expected of you to the best of your ability. You do not try to do anything that you are not qualified to do.

The only time it is appropriate to argue with an employer is if what they ask you to do is unsafe or illegal. What the company asked me to do was not unsafe or illegal. I did the job even though I did not like it and without help of any kind from anyone.

I am being attacked for doing a job that I was asked to do to the best of my ability. Maybe all of you are superman and come from the planet Krypton, but I am not. I am a normal guy from the planet earth who takes his job very seriously.

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Quoting rdonovan1

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I am not spamming. I am talking about a real situation that really happened. I initially posted this here because I could not initially get in contact with the law office regarding the issue.

Quitting time is normally 12 Noon to begin with. You obviously do not understand the situation or how Labor Ready or the company that I was working for works.

Labor Ready did do something to me. Why are you unable to see it. Normal companies do not do this type of stuff. If there is a problem with your performance, they pull you aside, inform you of the problem and ask you to improve before they start writing you up.

All I did was the job that I was asked to do. It's that simple and that is how I am because unlike a lot of people out there I have good work ethics and do not believe in arguing with the boss. You may not like the job that you are asked to do, but if you want to keep your job, you shut your mouth and do what is expected of you to the best of your ability. You do not try to do anything that you are not qualified to do.

The only time it is appropriate to argue with an employer is if what they ask you to do is unsafe or illegal. What the company asked me to do was not unsafe or illegal. I did the job even though I did not like it and without help of any kind from anyone.

I am being attacked for doing a job that I was asked to do to the best of my ability. Maybe all of you are superman and come from the planet Krypton, but I am not. I am a normal guy from the planet earth who takes his job very seriously.

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They did not do anything ILLEGAL.

You have been told this SEVERAL TIMES.

What you consistently fail to understand is that they can fire you for any reason not protected by law. They can fire you for showing up to work in purple socks and the boss likes green socks. You admitted that you did NOT finish the job you were assigned, and just walked out at knock-off without checking with your boss. That was probably all they needed to justify letting you go.

Ps for all your yammering about work ethic, you forgot one important thing, and that is showing some personal responsibility. You chose to leave the lot with the job unfinished and without checking.

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Quoting rdonovan1

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I am not spamming. I am talking about a real situation that really happened. I initially posted this here because I could not initially get in contact with the law office regarding the issue.

Quitting time is normally 12 Noon to begin with. You obviously do not understand the situation or how Labor Ready or the company that I was working for works.

Labor Ready did do something to me. Why are you unable to see it. Normal companies do not do this type of stuff. If there is a problem with your performance, they pull you aside, inform you of the problem and ask you to improve before they start writing you up.

All I did was the job that I was asked to do. It's that simple and that is how I am because unlike a lot of people out there I have good work ethics and do not believe in arguing with the boss. You may not like the job that you are asked to do, but if you want to keep your job, you shut your mouth and do what is expected of you to the best of your ability. You do not try to do anything that you are not qualified to do.

The only time it is appropriate to argue with an employer is if what they ask you to do is unsafe or illegal. What the company asked me to do was not unsafe or illegal. I did the job even though I did not like it and without help of any kind from anyone.

I am being attacked for doing a job that I was asked to do to the best of my ability. Maybe all of you are superman and come from the planet Krypton, but I am not. I am a normal guy from the planet earth who takes his job very seriously.

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Dude, I have worked for a temp firm or two in my life. In DO know how the system works. I suppose I could call the local labor ready office to make sure they do things like every other temp firm I know better but I suspect I will find you are wrong. Your quitting time at the clients place of business is what the client says it is. "Normal" quitting time is meaningless. You are employed to work the schedule the client needs an employee and apparently the auction house wanted you to finish the job you were assigned. Walking off the job is on you. At least you should have inquired whether they wanted you to finish what you started or leave at your "usual"'quitting time.

So it it isn't spam go back and edit your post and remove the law firm.

And labor ready did nothing. They were told to not send you back to the auction house. They don't have a choice. It was up to the auction house to do what they were hired for. Why don't you see that?

And we begin to see why this person is homeless and why the auto auction wanted him taken off the worksite, and a big hearty bull-ogney to the story about the law firm of so and so who's going to get him millions for this. But he should always file for unemployment insurance, because we have no way of knowing whether it will lead to "further disappointment" or whether he has any work he has done for covered wages during the past 18 months-2 years. That's one thing that the attorney should, even if he thinks there's a monster discrimination case here that none of us other HR people are seeing, advise him to do immediately. Any case is going to take a long time, and there's going to be no money coming in from anywhere unless it is from you receiving unemployment insurance or from you actually getting another job somewhere, either another assignment with Labor Ready or work with another company in the interim.

Rdonovan1, I’ve been looking over your previous posts going back 8 years and have noticed that:

1. You’ve had previous issues with unemployment.
2. You’ve been a victim of Nigerian scams back in 2008 and apparently it’s still happening.
3. Your father is an attorney but apparently your relationship with him is not very good.
4. You are interested in law but your forum questions tend to be too general.
5. Your life has declined to the point of limited employability and homelessness.

Forgive me if this is too personal, but I’m seriously wondering if you’ve ever been evaluated for disabilities relating to mental health issues.

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Quoting searcher99

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Rdonovan1, I’ve been looking over your previous posts going back 8 years and have noticed that:

1. You’ve had previous issues with unemployment.
2. You’ve been a victim of Nigerian scams back in 2008 and apparently it’s still happening.
3. Your father is an attorney but apparently your relationship with him is not very good.
4. You are interested in law but your forum questions tend to be too general.
5. Your life has declined to the point of limited employability and homelessness.

Forgive me if this is too personal, but I’m seriously wondering if you’ve ever been evaluated for disabilities relating to mental health issues.

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And now this makes sense.

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Quoting rdonovan1

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I am not spamming. I am talking about a real situation that really happened. I initially posted this here because I could not initially get in contact with the law office regarding the issue. Then remove the name of the law firm. It's considered spamming otherwise.

Quitting time is normally 12 Noon to begin with. You obviously do not understand the situation or how Labor Ready or the company that I was working for works. I understand the situation quite well. You, however, either are spamming or do not understand the first thing about employment law.

Labor Ready did do something to me. Why are you unable to see it. Normal companies do not do this type of stuff. If there is a problem with your performance, they pull you aside, inform you of the problem and ask you to improve before they start writing you up. Some companies do. Other companies fire you with no notice. While the first is preferable, the second is legal.

All I did was the job that I was asked to do. It's that simple and that is how I am because unlike a lot of people out there I have good work ethics and do not believe in arguing with the boss. You may not like the job that you are asked to do, but if you want to keep your job, you shut your mouth and do what is expected of you to the best of your ability. You do not try to do anything that you are not qualified to do. None of which is relevant.

The only time it is appropriate to argue with an employer is if what they ask you to do is unsafe or illegal. What the company asked me to do was not unsafe or illegal. I did the job even though I did not like it and without help of any kind from anyone. The fact that you did the job, and we understand that you did it to the best of your ability, is totally irrelevant to whether it was legal for the company to fire you. Or suspend you. Or demote you. Or ask the temp agency not to send you back.

I am being attacked for doing a job that I was asked to do to the best of my ability. Maybe all of you are superman and come from the planet Krypton, but I am not. I am a normal guy from the planet earth who takes his job very seriously. We get that. You are (probably deliberately) failing to get that it doesn't make a damned bit of difference; the law still allows the company to fire you if you don't do the job to their satisfaction, no matter how hard you tried.

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Please ask the attorney to provide the statute number or the name of the case law that was violated. Since we're all wrong about what the employer is allowed to do, teach us. Prove us wrong by showing us the law that says you cannot be fired as long as you did your best, or unless you have received a warning first.

If he actually consulted a real live human attorney then one of two things happened:

1. He told the attorney something quite, quite different to what he's told us or,

2. The attorney told him the same thing everyone has told him here and he's just desperately trying to save face.

I also share the same concerns as Searcher.

Which is why I want to see the law the attorney allegedly says was violated.

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Quoting rdonovan1

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Just like me, he tends to think their story is fishy.

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What do you imagine to be fishy about the story? What reason is there to doubt that they are telling you exactly what happened -- their client said, "Don't send Robert to work here any more", such that they cannot send you to work there any more?

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Quoting jk

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Dude, labor ready cannot send you to a client that doesn't want your there.

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Quote:

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Quoting jk

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They were told to not send you back to the auction house. They don't have a choice. It was up to the auction house to do what they were hired for. Why don't you see that?

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Correct and correct.

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Quoting jk

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You gave age a description of not complying with assigned job tasks and you admit you walked away from an unfinished job simply because it was noon.

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Even if we assume that your shift ended at noon, disappearing the moment the clock strikes twelve without finishing a job or explaining the incomplete status of the job to your supervisor is enough to cause a lot of employers to choose not to call you back.

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Quoting rdonovan1

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Labor Ready did do something to me. Why are you unable to see it. Normal companies do not do this type of stuff. If there is a problem with your performance, they pull you aside, inform you of the problem and ask you to improve before they start writing you up.

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That's absolute nonsense. First, you're not talking about the client that doesn't want you back -- you're talking about the temp service that was assigning you to work for that client. The client announced, "We don't want Robert to work for us again", and that's the end of the story as far as the temp agency is concerned -- they cannot send you back to work for a client that does not want your services. You need to be talking with them about a possible new assignment.

Second, absent a statutory requirement (e.g., civil service law) or contract, no employer in your state owes an employee any warnings before termination, no employer owes an employee a second chance or a corrective plan, and you can be lawfully, summarily fired.

Third, you've given us no basis to believe that Labor Ready has ever done anything but give you work, based upon the availability of suitable jobs with its clients who are willing to accept your services. You have given us no indication that they have told you that they will no longer give you assignments to clients other than the one that has expressly told them, "Don't send Robert back". As it stands, your notion that they have discriminated against you appears to be based in nothing but your imagination.