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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I have been a full time temporary worker (through temp agency)

Resolved Question:

I have been a full time temporary worker (through temp agency) for 16 months with same company. At first I was hired on to assist Marketing Manager with some major events - 8 months later the Marketing Manager left the company for another position. For the past 8 months I have taken on the Marketing Manager position as well working up to 60 hours per week. New Marketing Manager was hired on 3 weeks ago and I have been given a 45 day notice that my "temp" position will expire - however I do know that the company is planning on hiring on another temp - is this legal - do I have any rights?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

Did you have a contract with the employer you were working for or the temporary agency?

Do you have any reason to believe you may have been discriminated against on the basis of your race, age (40 or older), gender, disability, or other protected status?

Customer: replied 5 years ago.
No contract with either employer or temp agency. I do not believe I was discriminated against.

Please note that I was not working for a temp agency. I was informed by employer to go to "certain" temp agency to complete forms necessary for me to get paid for job assignments as employer could not hire me and provide payroll - therefore needed to have third party (temp agency) to pay for my services.

Expert:  Tina replied 5 years ago.
I see.

So in your view, being hired by the temp agency was a mere formality.

Employment at will is the default rule where an employee does not have a contract. Under that rule, either the employer or employee can terminate the employment relationship at any time with or without good cause and without notice.

Unfortunately, it appears the employer exercised its right to terminate your employment without good cause or notice, which is a harsh result, especially if you feel the employer misled you.

If the employer made promises they never intended to keep, and you can prove that occurred, and you reasonably relied on those promises and suffered damages as a result of your reliance, then you could potentially sue the employer for fraud.

Otherwise, there would normally not be any legal resource against an employer in this situation.

I hope you found my answer helpful, even if the law is not in your favor. I would be happy to clarify my answer if anything is not clear or you are looking for additional information. All the best to you!

Customer: replied 5 years ago.
Yes, I feel I was misled and hearing that because I have been a temp for over a year (16 months to be exact) they need to let me go for that reason (over extending being a temp worker) - what really upsets me is that they will be looking for another temp to fill the role.
Expert:  Tina replied 5 years ago.
It is an upsetting situation. It is not unlawful for them to replace you though. As long as they did not commit fraud or engage in discrimination, they would normally have the discretion to terminate the employment relationship with you at any time. I'm sorry.

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