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  1. #1

    Default 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.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default 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.

  3. #3

    Default 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.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.

  5. #5

    Default 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?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.

  7. #7

    Default 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?

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.

  10. #10
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Employer Transferred Without Consent (Non-Payment for Hours Worked)

    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.
    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.

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