Temp agency wants to cut my rate/ their mistake?

The consultant called me after my second week in the assignment to tell me they've paid me the rate they invoice the client and reckon it's their mistake. Now this is the only rate I've been aware of since the beginning, otherwise I wouldn't have taken the trouble to apply for the role. The consultant made an offer which is still below what I would accept and asked me to 'be quiet' as other temps in the organization are paid a lower rate. I want to know if the emails exchange with the rate is a sufficient proof to continue the assignment at the agreed rate as this is their mistake, I would like to know what's the jurisprudence for temporary work hourly rates agreements.

Cari

As a temp, there should be one rate agreed at the beginning of the assignment and this should stay in place for the duration of that assignment (i.e. not for the entire time that you work through that agency, but just for that assignment).

HOWEVER as a temp you have no employment rights - they can terminate your assignment tomorrow if they wish to do so with no reason given. Whether they would do this or not really depends on how important that client is to them - if they're very important they might not want to muck them around. But then again, if it's someone that the agency has a long-standing relationship with and has proved that they can consistently deliver good temps, then they might not mind because they'll expect to get someone just as good tomorrow.

It sounds to me that they'll probably will pull you off the assignment if you don't agree to work for the lower rate. Why would they want to pay you more when they could get someone else to do the job for less money?

Gem

In the US, an employer can change your pay at anytime, for any reason UNLESS you are covered by a collective bargaining agreement (union).

I would just start looking for new work, but keep in mind that the job market is in the tank and the next job may either not come, or be for even less money.

Sorry.

hr4me

If the agency is now telling you that the rate is going to be lower for you to continue the assignment and you do not want to work for them at the new rate then I would suggest you tell them you will be unable to continue the assignment and leave quietly. They are not legally obliged to pay you the higher rate and you are not legally obliged to work for the lower rate unless either of you signed a contract that states what the salary will be for that specific assignment.

Almond

You can stick to your guns and say that they agreed to the wage amount via email.

But, they can also file an overpayment suit in court, even when they made the mistake.

Its not worth the time and effort in my opinion, but its your choice.

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