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Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 6391
Experience:  20 years professional experience
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I am a contract employee staffing agency in Maryland,

Customer Question

I am a contract employee for a staffing agency in Maryland, working for an agency client based in Pennsylvania, on sites owned by a 3rd party client of the agency client, and I live in Michigan. The agency has a Michigan office where I completed the employment contract. My position is as a carpenter/installer and my work duties are performed in various states, with a per diem paid to me by the agency client for food and incidentals. My issue is with my employment contract I entered into with the staffing agency.
Approx 22 months ago, I was interviewed and accepted as an employee to be hired by the agency's client (prior to ever working for either entity), at a daily rate of $180/day. The first step to being hired is to work as an on sight temp for approx 90 days before being accepted as a full time employee. I entered the agreement with the staffing agency at an hourly rate of $27.70 per hr. But the future employer submits time sheets based on only days worked, not hours worked. This would have been fine for a short time, but I am still employed by the agency with no offer from the employer. I feel this may have totaled to more than $40,000 as the difference from the day rate to the hourly rate. Many of the daily hours were in excess of 12 hours, with 10 hrs being the average for work weeks of 5 to 7 days. I feel if my contract is with the agency, I should be paid the rate for the contract amount, not the daily rate for the future employee that never materialized.
I also suffered a work injury that I have been on workers comp since 12/2015, and the difference in pay has meant a smaller check during this time due to the calculation for w.c. payments.
What, if any, legal options do I have to pursue this? Thanks, ***** ***** the long explanation.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Maverick replied 1 year ago.

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Expert:  Maverick replied 1 year ago.

ANSWER: It appears fairly clear to me that you can pursue a breach of contract suit against the staffing agency to recover the $40,000 that you are out. You will need to prove up the extra hours somehow, for example, with some daily log that you or the employer/agency may have kept. Before you do anything else, however, you need to read your contract for what is known as a choice of forum and choice of law clause; as well as a binding arbitration clause as those will determine what remedies you have; the court in which you can file suit in, the State law that applies, and whether you are forced to arbitrate disputes.