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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5207
Experience:  Extensive experience representing employees and management
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I worked for a temp company. They had a position which I filled

Customer Question

I worked for a temp company. They had a position which I filled for 1.5 yrs. My temp company had been served notice that recently I had taken too much time off and was in a "grey area" and could be terminated, not for doing a poor job but for taking too much time off. I was never informed in any way that my job was in danger if I took more time off. I took a day off and was terminated without any warning. While I cannot get my job back, do I have any legal recourse against my temp company for failing to warn me in any way that my job was in jeopardy if I took more time off? I have been advised by friends that california law required them to have informed me, once they had been informed.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.


I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.


Can you tell me if you were an at-will employee or did you have an employment contract with the temp company?
Customer: replied 1 year ago.

Hi, I spoke with a current employee friend. He confirmed that we both signed a contract with the temp company. We also have a 6 month no compete clause if I am not mistaken. Also, the job is in Ca, where I reside, but the temp company is out of state. I believe the main branch is in Texas. Which state laws apply in a case like this?

Expert:  Joseph replied 1 year ago.
Hello Steve,

Can you send me the contract? Do you know if it had an at-will provision in it?

Expert:  Joseph replied 1 year ago.
Hello Steve,

Do you have a copy of this contract you can send me?

Do you know if it had an 'at-will' provision in it?
Customer: replied 1 year ago.

Joe,


 


I am still looking for the contract. I realize this is more than the standard $21 answer, and my tip will reflect that. I will keep this open and contact you when I find and have re-read my contract.

Expert:  Joseph replied 1 year ago.
Thanks; I'll wait to hear from you!
Customer: replied 1 year ago.

Hi Joseph,


 


thanks for your patience. I have found the offer letter. It was with all of my other paperwork and is the only papers which are actually from the temp company to me. The rest are release forms for background checks. There are only 2 pages which read:


 


"Based upon our review of your qualifications and the personal intervies by "Temp Company Name" and our teaming partner, HP, we are pleased to present this offer of employment as a Customer Service Representative, working on our project at the...... center.


 


It gives my rate of pay, paid time of info (none), major med (none), 401 k information (after 1 year). I was there 1.5 years. Time off clause and a Non-compete clause with the temp company. Final pay info.


 


I signed and dated it, it had the signature (was faxed to me) of the Director of Operations. Who I believe is also the head of HR dept.


 


Steve

Expert:  Joseph replied 1 year ago.
Hello Steve,

Unfortunately, that is an offer letter not an employment contract, and you would still be considered an at-will employee.

That means that you can be terminated at any time for any reason with or without any prior notice.

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922, and states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."

I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service. Definitely contact me if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work. It is necessary for you to rate my answer even though you’ve made a deposit or are a subscriber. I only receive compensation for my work if you rate me positively. Otherwise, I receive nothing for assisting you and the website retains your entire deposit.

Thanks and best of luck!

Joseph, Lawyer
Satisfied Customers: 5207
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Steve,

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question or you can ask a question directly to me through my URL here:

http://www.justanswer.com/law/expert-joepatterson/

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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Joseph
Joseph
California Employment Lawyer
5207 Satisfied Customers
Extensive experience representing employees and management