Here's a brief rundown on the situation: Friend of mine worked through one of those temp. agencies. She was assigned to a temp-to-hire position with a company. Usually, the temp. employee is on a 90-day (3 month) trial, and then either let go, or hired permanently. She wasn't. She was kept on as a temp. for almost 7 months. Each time she "brought up" when would she be hired permanently, the boss would skirt the issue. Finally, the last time she asked, the boss said on the 1st of the following month. A few days before the 1st, she was "let-go". The reason? She had missed too many days. Or this is at least what she was told by the temp agency. The problem with that allegation was she had not missed a day since 2 1/2 months before she was "let-go" and even then it was a day she had requested off long in advance. Also, the way I saw it, if attendance had been an "issue", then why was she not let go back then (when she had missed the one day) rather than keeping her on for almost 3 months longer. My gut feeling is something was going on with this temp. agency and the company. It seems the company liked her work, she made money for them, but weren't interested in having to shell out dollars for insurance, etc. After this, she was unable to locate another job, so she was forced to go on unemployment. Well, after she applied, and unemployment checked her previous jobs, etc, unemployment told her she was being denied because the temp. agency claimed they fired her. And gave the reason of "missed too many days". Fast forward a week, there was a tele-meeting between her, and unemployment, and between the temp-agency and unemployment. End result: she won. The next day there was a letter from unemployment saying they agreed with her and did not believe the temp agency. Okay, that's the background. Here's the current situation: She recently applied for a position at a company. She wants to work there, and it's a direct hire, no temp agency business. During the interview the interviewer made it clear that she was going to check background/references. My question: What recourse does she have if the temp. agency makes up lies (like they did to unemployment) to keep her from getting this job? I'm sure this temp agency is p/o'ed enough that they lost to her, and had to pay benefits, but hey, it was their own doing by letting her go, for some reason they semed to have a gruge against her. If she could get a letter from this new employer giving the reason for denying employment was due to what the temp. agency said, could she sue based on that? Lost wages? Any suggestions welcome.
I'm sorry for your friend. Maybe an attorney that deals with employment issues can help her. Make sure she keeps all correspondence that has been sent to her. She is so lucky to have a friend like you that cares for her. I wish her luck.............
Thanks for your suggestions. There won't be a need to take it any further. She was hired. Not sure if the new co. actually contacted the temp agency or not. Doesn't matter I guess.