Can i sue for wrongful termination if.....?
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Can i sue for wrongful termination if.....?
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Okay, this is basically the situation: I was hired for a staffing agency to work for a hospital in their Medical Records Dept prepping patients charts after the patient is discharged. The position was temp to hire after 90 days. I started on 11/03/2008 with about 4 other girls and 1 one other girl started 2 weeks after we did. We all caught onto the Job very well and i was actually in her top 3 performers. The lead supervisor was the one who trained us and hired us all. About a month later she introduced another supervisor that she hired who would be overseeing us all. that all started out fine, but when she actually took over it became apparent that she has no idea what she's doing (they hired her fresh out of college with no experience. Well she was nice enough and got along with everyone. So time goes by and she's hiring new people to add to the department-or so we thought. it turns out that she was going to let go of one employee because her performance wasn't up to par (and it really wasn't!) but the main sup gave her a 2 week period to improve. She still was not where they needed her to be but they let her keep her job. Then later this same employee and the new sup become noticeably close and the work environment is turned upside down. this employee begins snitching and lying on other employees (one in particular) so the new sup has it out for her and its no secret. In addition to this, she's been hiring and firing new employees before their 2 week training period is up and the staffing agency had to come down and see why the job has such a high turnover rate. So amongst all the drama and chaos im doing my job jus fine and my 90 day evaluation would have been 2/03/2009 but i got a call last monday saying my job was ended due to "performance reasons"!!! Im like WHAT?! this employer gave no indication that i wasnt doing my job and had never approached me with any type of warning ever. And besides that, how can someone be your top employee and you let them go for performance reasons, ya know? So now i find out that the employee that snitches and lies may have had something to do with it and in fact she knew beforehand that one of the new employees was there to replace me. She should not have had access to that type of information, she should not have known that i would be losing my job before I did. The workers that are left there are saying that they will be approaching the main sup to complain. What i want to know is even though i was in a temp to hire position through a staffing agency can i go after the hospital itself for wrongful termination? I was under the impression that I was going permanent since it was only a week until my 90 days and i was a good worker. If just find it weird that im out of a job when the worker that she continually yells at and the other coworker that snithes are her worst employees. I think it may have been personal reasons-her just not liking me for no reason at all, therefore catching me offguard and firing me. I'm filing for unemployement as well, but i believe that this supervisor and the hospital should have to pay for this type of behavior. Any advice is appreciated!!!
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Carlii
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Go back to the hospital, speak to the person that had called you and let you go and ask them politely to define "performance reasons." Also, let your temp agency know the situation, and see if they have any suggestions for you. Your particular case might give them some fodder for whatever issue is between your temp agency and that hospital - in fact, your temp agency (since they've already questioned the turnover rate there) might be considering dropping their contract with that hospital. If you don't get any definite answers that satisfy you on the "performance reasons" from the person that called you to let you go, then go to their direct supervisor, or the HR department. They need to give you a much better reason to fire you than simply claiming "performance reasons."
I would suggest leaving out the fratnization issues that you're suspecting, or the other water cooler talk that you've discussed here. Just simply state that you were understanding that you were one of the best employees there, and have never been asked to improve in any areas, so you don't understand how you are doing great one day and then have "performance issues" the next.
As for new employees that are there to replace you, unfortunately that is the world of the temp. While you're with the temp agency, you should still be actively seeking permanent jobs elsewhere. The companies you work for pay almost twice as much for a temp as they do for a regular employee, so it really only makes sense for them to hire temps until permanent employees are trained. |
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vicseo
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Cub Girl's response is right on. Any agency employee is subject to a simple at-will status and can be terminated without any cause whatsoever by the employer or agency.
Sorry about that! |
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Shane
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You have no case. Sorry about your job loss. Apply for unemployment insurance. Hopefully you are eligible. |
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Cubs Girl
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You were working for a staffing agency not for the hospital. You have no claim. An employer can terminate a temp at a drop of a dime, that is why companies prefer temp agencies.
You have to put that you work for the temp agency not the hospital or else the claim will be denied. |
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Steve D
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Unluckily, most of the US operates under an "at-will" employment system - which means that you are within your rights to quit at any time and the employer is within his/her rights to fire you at any time. The only exception to this is if the firing would be considered a protected reason such as race, religious or gender discrimination. While your termination may have been unfair, it is not wrongful under the law (with a few exceptions based on state laws). |
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Mali B
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Unless it was a discriminatory reason, or you had a contract, it is probably at will and there is nothing you can do. I'm sorry! |
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Ace A
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I'm not a lawyer, and this question is best answered by one.
The simple answer as I understand it is: it depends. If your temp position was contract work and the contract specified a set start and set end date for your employment, you may have a remedy.
If this was not contract work or was not listed in the contract, you are considered to be an "at-will" employee. Therefore, absent any statutes or state laws in your jurisdiction, you probably will not have a remedy. |
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Adult 
Gambling
Unfinished
Deception
Plagiarism
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