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Employment Today™


"TEMP SUES EMPLOYER OVER "TEMP TO PERM PROMISE!"

Dear Kathryn:

I thought the reason you hire a temporary is to limit an employer's liability. Wrong! I just got notice that a temporary we had working here for a three month assignment is suing my company.

This temp claims that because the position was presented as being "temp to perm", and she was getting positive feedback throughout her assignment from her manager, that she would be offered a permanent position. While she did get some positive feedback, our final assessment at the end of three months was that she was ok as a temp but not someone we wanted as a permanent employee.

We are now being sued for over $10,000! She claims she turned down two permanent job offers because of our "indications"! We signed nothing to promise a permanent position. It was explained as a temporary assignment with the potential of a permanent job. We're a small company and don't want to hire an expensive attorney if we don't have to. It's amazing how this temp can even afford an attorney to sue us!

What should our next step be? I'm disgusted with this outcome.

MARY BETH M., Vernon, CT

Dear Mary Beth:

This is one messy situation with no guaranteed outcome. I consulted Attorney Henry Zaccardi about your situation and he agreed with me that we're hearing more and more about this type of problem.

If your former temp can reliably point the finger to a manager and claim that he said she was doing a great job, giving her the indication that the next step would be a nameplate, your company has definite liability. The temp, I'm assuming, has proof of the other job offers she declined. If so, that will be strong evidence as to "missed opportunities."

Zaccardi says at this stage all you can do is some serious investigation work, querying anyone who came into contact with her as to what they said to her about her work and performance. If the person is at management level and his/her representation could be construed as company representation, your litigious temp will most likely rely on those conversations in her claim.

You should have indicated that you would assess her performance at the end of three months. Only at that time would a determination be made as to her employment status. If that had been stated verbally or in writing, your troubles would be minimal. At this stage, you need a sharp attorney.

For all employers out there, make no promises up front. Be clear as to the terms and put them in writing as a safety measure. Also, be sure you've provided yourself an "out" in whatever written material and verbal offers you make.

Dear Kathryn:

My employer has just gone too far.

I've had an unusual number of sick occurrences this past year and it's led my employer to want to know everything.

Even though I've used all my sick days and understand that any time taken is unpaid, my boss is insisting on doctor's notes supporting those sick days. I feel that this is unnecessary and want to know if I can refuse the request as an invasion of my privacy.

DANIELLE R., West Haven ,CT

Dear Danielle:

No, it's not an invasion of privacy for your employer to request the written note from the doctor. As your employer is not asking for a diagnosis or details of the illness, but simply ascertaining the fact that you visited the doctor as you had indicated, no wrongful act has been committed.

What you should do is to visit with your boss and face to face, explain this unusual run of sickness. I would offer to make up missed work, come in weekends and do whatever to stay updated. I'm guessing his reaction is that he hired you to do a job, and even while you might be experiencing more sickness then usual, it leaves him in a vulnerable position. The job for which he hired you has been left undone.

I'd also volunteer the steps you're taking to stay healthy, and in all reality, do it. I can point to more than a hundred employers that I deal with daily that aren't tolerating poor attendance and absenteeism, no matter what the substantiated reason. Take no chances in this iffy job market, get healthy and get to work.