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If i am fired from a temp job because the company does not pay its bills, can i sue?
I am currently working on a temporary contract, which I have been working on for three years and half years with a large company. I was contacted by my agency who informed me that the company had not paid their invoices for my services to the agency for three months and that if they didn’t settle I would be removed from site, in other words out of a job. I was forced to contact my company line manager and chase the payment myself; the company advised it was an issue with their finance department, which I believe should not be my responsibility as that’s the duty of the agency.
What legal recourse would I have in this situation to make a claim against either the company or the agency should I have been essentially laid off?
6 Answers
- Badge203Lv 75 years ago
If the employment agency has been paying you then you have nothing to sue about. If the company they have a contract with is not paying them, then they remove you from the site, you are not fired, you are being reassigned, they will find you another job, and it does not have to be for the same amount of pay you were making. Very seldom is a temporary agency pay its employees unemployment because they just give you another assignment. Could be daily jobs, but if you refuse to work them, you could get fired and no unemployment because you refused work.
You have no lawsuit against anybody unless you are not getting paid, You work for the temporary agency, not the contracted company. If the temp agency has been paying you it has come out of their pockets because they have not received the money to pay you.
And if you did take it upon yourself to track anything down, that would be terms for termination, that is not your business to do that, you got paid so whether or not your employer got paid is not your business
- AlanLv 75 years ago
OK, the agency have not been paid their invoices by the company you are working for. Essentially, your work place are the ones who should be paying your wages, but your agency are the ones charging the company a fee for providing you as an employee. The agency fee is not your responsibility, that is the responsibility of the agency and they should contact the finance department of your work place to sort out any issues with the invoice. You could speak to the HR department of your workplace and ask if they have any vacancy in the company that you could apply for without going through the agency. You would then be an employee of the company and not have any dealings with the agency. Alternatively you could ask the agency if they could place you somewhere else until the problem with the invoices is settled.
- WRGLv 75 years ago
No claim against either if you were paid for the hours worked. Any contract between the client and the temp agency is between them. You were employed by the temp agency and as your employer your duty to them is pretty much whatever they say it is.
- EvelynLv 75 years ago
You're entitled to the money you're owed for the hours you've already worked. if you haven't been paid, file a suit with the small claims office in your county.
As for the job itself, you can not sue either the company or agency for being let go. It happens.
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- MaxiLv 75 years ago
You are employed by the agency ( not the employer) so if they want to pull you because they are not being paid, you have zero to sue for