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I got wrongfully terminated as a temp because i wouldnt get hired on

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Olivia92

Member
I work in missouri and i started working as a temp worker 2 yrs ago. For the longest they have been trying to get me hired on but politely declined. The supervisor has tried to make me do other tasks within my means but still i told i couldn't do. Then a week ago they told me the president will no longer need my services because of what the ceo has said. I feel ike by me not getting hired on they fired me by the supervisor lying and going over her superiors head. What do i do. I was wrongfully terminated
 


Taxing Matters

Overtaxed Member
You need to understand that in Missouri and nearly every other state employment is “at will.” What this means is that the employer and employee are free to terminate the employment relationship at any time for pretty much any reason. There are, however a few reasons for firing an employee that the law prohibits. The term “wrongful termination” means you were fired for reason the law prohibits. The prohibited reasons include firing you because:
  • of your race, color, religion, sex, national origin, citizenship, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
  • you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws);
  • you participate in union organizing activities;
  • you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
  • you filed a bankruptcy petition;
  • your pay was garnished by a single creditor; and
  • you took time off work to attend jury duty (in most states).
The exact list of prohibited reasons will vary by state. Your post is not entirely clear on why you were fired, but it doesn't sound like it was for any of the kinds of things I listed above. So your termination may not have been wrongful as that term is used in the law. If you can explain better why it was that the employer fired you I might be able to provide more specific comment on whether that was a wrongful termination. So far, though, I'm not seeing anything that suggests wrongful termination.
 

cbg

I'm a Northern Girl
Even if you were fired for something you didn't do, that is not in itself a wrongful termination.
 

commentator

Senior Member
You did not work for this company, you worked for the temporary agency that placed you on your worksite. When you file for unemployment, you will find that your unemployment taxes have been paid in on you as an employee of the temporary service, and they are the ones who will be contacted as the separating employer. Since your worksite has decided they do not want you there anymore, whether or not you are approved for benefits will have a lot to do with whether they have another assignment for you, whether or not you accept such an assignment, whether the reason you are terminated from your last assignment was due to your own fault, and frankly, refusing to be put on full time, refusing to accept "other tasks that were within your means" it sounds like you generally managed to get put out of work due to your own good efforts. It doesn't sound like there's even the faintest possibility of this situation being a wrongful termination, and not too terribly great an opportunity to qualify for unemployment insurance. But by all means, go on and file a claim for benefits.
 

HRZ

Senior Member
ITs not entirely clear what you were asked to do that you refused to do...but it sure reads like you refused work......and if your temp agency next sends you to an assignment you really really dislike ...you just killed any options as to UC.
 

PayrollHRGuy

Senior Member
There is another issue with temps, assignment ending and UI.

If you were notified at the time of hire, in writing, that you were required to request reassignment from the temp service at the end of the assignment and failed to you will be considered a quit and not be eligible for UI.

The notice is generally either in the employee handbook or some other document. It is seldom a stand alone notice because the temp firm really doesn't want you to see it.

There are many states with this regulation and Missouri is one of them.
 

xylene

Senior Member
You can be a temp and not be on an agency.

Agency or not, failing to accept a permanent assignment sure is a reason for dismissal.
 

PayrollHRGuy

Senior Member
You can be a temp and not be on an agency.

Agency or not, failing to accept a permanent assignment sure is a reason for dismissal.

Yes you can but the OP's use of the phrase "Hired on" would point towards he wasn't employed by the place that he says fired him.

Refusing a permanent job with a client company, unless it was part of the original hiring agreement, is not disqualifying if you work for a temp agency in any state that I know of and certainly not MO.

If he was working for a temp agency the client doesn't have the power to fire him. They only have the power to terminate the assignment.
 

Olivia92

Member
You need to understand that in Missouri and nearly every other state employment is “at will.” What this means is that the employer and employee are free to terminate the employment relationship at any time for pretty much any reason. There are, however a few reasons for firing an employee that the law prohibits. The term “wrongful termination” means you were fired for reason the law prohibits. The prohibited reasons include firing you because:
  • of your race, color, religion, sex, national origin, citizenship, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
  • you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws);
  • you participate in union organizing activities;
  • you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
  • you filed a bankruptcy petition;
  • your pay was garnished by a single creditor; and
  • you took time off work to attend jury duty (in most states).
The exact list of prohibited reasons will vary by state. Your post is not entirely clear on why you were fired, but it doesn't sound like it was for any of the kinds of things I listed above. So your termination may not have been wrongful as that term is used in the law. If you can explain better why it was that the employer fired you I might be able to provide more specific comment on whether that was a wrongful termination. So far, though, I'm not seeing anything that suggests wrongful termination.

Well whatif the supervisor goes over her superiors head because of her not liking me for no reason and everyone at the job knew of this
 

Olivia92

Member
You can be a temp and not be on an agency.

Agency or not, failing to accept a permanent assignment sure is a reason for dismissal.

But what if the supervisor goes over her superiors head and says the ceo of the company said his when he knows nothing of this
 

Olivia92

Member
Yes you can but the OP's use of the phrase "Hired on" would point towards he wasn't employed by the place that he says fired him.

Refusing a permanent job with a client company, unless it was part of the original hiring agreement, is not disqualifying if you work for a temp agency in any state that I know of and certainly not MO.

If he was working for a temp agency the client doesn't have the power to fire him. They only have the power to terminate the assignment.
What if the supervisor goes over her superiors head and lie and ay the ceo of the company said this when he knows nothing of tthis matter when in defense he wants to keep you on temp or not
 

Olivia92

Member
Yes you can but the OP's use of the phrase "Hired on" would point towards he wasn't employed by the place that he says fired him.

Refusing a permanent job with a client company, unless it was part of the original hiring agreement, is not disqualifying if you work for a temp agency in any state that I know of and certainly not MO.

If he was working for a temp agency the client doesn't have the power to fire him. They only have the power to terminate the assignment.

What if the supervisor go over her superiors head when wasnt and uses the ceo name when he knows nothing of this matter
 

Olivia92

Member
Yes you can but the OP's use of the phrase "Hired on" would point towards he wasn't employed by the place that he says fired him.

Refusing a permanent job with a client company, unless it was part of the original hiring agreement, is not disqualifying if you work for a temp agency in any state that I know of and certainly not MO.

If he was working for a temp agency the client doesn't have the power to fire him. They only have the power to terminate the assignment.

What if thd supervisor goes over her superiors head when he doesnt know nothing about this matter the ceo
 

Zigner

Senior Member, Non-Attorney
It does not matter. Internal problems at the client company have no bearing on your employment situation.
 

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