Fraud and Age Dscrimination

I was recently hired by a roofing company as an offer manager. I applied for the job through a online job board. I was contacted by the roofing company�s HR department, negotiated my starting wage, interviewed with the General Manager of the roofing company, took the necessary tests, filled out the application, the rest of the necessary paperwork for the roofing, and was sent an offer letter by the roofing company on their letterhead via fax to my home.

The offer letter explained they were pleased to offer me the position of Front Office Manager, working from the Madison branch.

Commencement date as agreed will be July 11, 2007. Training will occur at the Milwaukee branch. I had informed them of the days I needed off pre-hire. My starting pay would be $16.00/hour. This is a fulltime position. Work hours will be from 6:30 am � 3:330 pm, Monday � Friday. I would have a 1(one) hour lunch daily. After completing a 90 day probationary period I will also receive 6 paid holidays and be eligible for 2 weeks vacation.

The position does include the following benefits:
Health and Dental Insurance
Short Term and Long Term Insurance
FSA Cafeteria Plan (Flex Spending)
Group Life Insurance
All above benefits will be discussed after completing 30 day probationary period.

I would like to take this opportunity to welcome you to XYZ Roofing and wish you every success in your new position. I you should have any questions or concerns please do not hesitate in contacting me.

By signing below, I accept the terms outline above regarding the Front Office Manager Position at the Madison Branch of XYZ Roofing Corp. Please return by Fri. 7/6/07 @ noon.

I did sign the office letter and I did return it via fax.

I was told on July 13, 2007 by HR when calling them in regards to another matter, I was going through a temporary agency, would that be a problem? I did not know what else to say other then yes I worked for 3 days and attended training in Milwaukee. I never applied through the agency much less spoke to them regarding this position. Why would I ever think I was not employed by XYZ Roofing Corp?

On Thursday August 9, 2007, my General Manager called out to me in the parking lot as I was reaching for my car door and advised me, he was sorry he would have to let me go due to lack of work.

After working at XYZ Roofing for about a week the General Manager told me he was going to hire another telemarketer. This person had actually applied for the Front Office Manager position, my GM told me, but he did not believe she had the necessary qualifications or the ability to do the job. I went back to the break room on the day I was let go to find the telemarketer and the GM in a conversation and was asked to give them a minute. This person is now working my job, yes she is younger than I am, I am 53.

I did talk to the temporary agency and the person that handles the account there advised me they are really just a payroll service and is no longer returning my calls.

I have a couple of questions. I know and understand Wisconsin is an at Will State, however I think this is fishy. Was I an employee of XYZ Roofing, or was I in fact an employee of the agency? Do you think this is fraud? Do you think I have a case of age discrimination?

1 answer  |  asked Aug 17, 2007 3:08 PM [EST]  |  applies to Wisconsin

Answers (1)

Janet L. Heins
It depends

Until you can find out the real reason the company decided not to hire you, it's difficult to say. In Wis., the co. can change its mind and not hire you for any reason or no reason, unless you can prove they did so for an illegal reason.

Call me if you want to discuss your situation in more detail, toll free at 866-241-8444.

Janet L. Heins
Heins Law Office LLC

posted by Janet L. Heins  |  Aug 17, 2007 3:14 PM [EST]

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