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How do you defend yourself against misconducts claims from a…

Customer Question
How do you defend...

How do you defend yourself against misconducts claims from a temping agency especially when the employer they send you to can say anything they want

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

None of the above employer to temping agency

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

It's not Union and it's an hourly pay position and the gentleman shorted my paychecks without discussing it with me

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It's your New Jersey and the employer really gets away with a lot here especially a temping agencies they don't want to pay a nickel towards unemployment

Submitted: 3 months ago.Category: Employment Law
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Customer reply replied 3 months ago
I worked for temping agency before a different one . And the owner of the company they sent me to made a misconduct claim. A statement of smelling like alcohol I did the day before agency told me there was no more work there then I Found Out 3 months later there was this issue but no one told me about it
Answered in 1 day by:
4/3/2018
Employment Lawyer: Josie-Mod,
 replied 3 months ago
Josie-Mod
Category: Employment Law
Satisfied Customers: 12
Verified
Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
I wonder whether you're ok with continuing to wait for an answer.
If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
Thank you!
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Customer reply replied 3 months ago
Would love to get an answer to this question how do you defend yourself against misconducts claims especially when temping agencies do it because they don't want to pay unemployment or for you to get unemployment without a penalty half the problem is they don't give you full information on the job and the other half of the problem is people feel you should do more because they're paying the agency extra money for you however you're getting paid nearly close to minimum wage
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

I'm sorry to hear about your situation. If they paid you less money than you should have received based on an invalid claim, then this appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

In addition, if the claims they were made were false, then this to me sounds like a case of defamation. Defamation is basically a false and defamatory statement, published to a third party, that causes harm (usually a lessened reputation in the community, lost business opportunity, or other harms as the facts dictate.)

Although I don't know the full extent of what was the supposed defamatory statement, run the alleged statements through that analysis to see if it fits.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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