Wrong Termination on Temp. Worker From A Lie Told To Human Resources

I understand temp can be fired and anytime and NY is an "at-will". I also understand that temps are at the bottom of the chain and most people can care less but its not fair to have a supervisor make a lie to justify terminating a temp. The strange thing about it is that he could have easy well said that the temp help was no longer needed at the plant and/or that his assignment was done. But didn't know he was being recorded.

A temporary work is hired at a well known medical plant. The temporary work start carry a tape recorder with her because she didn't really trust her shift supervisor.

The temp has been working there for 10 months. The temp wasn't feeling too good and explained to her shift supervisor that she was heading home early. The supervisor replied "okay I will see you tomorrow". Another conversation started and the temp explained to the supervisor that she is possible looking for work at a competing medical company nearby. She told him that she wasn't quite sure when and if she was going to get the job but explained to him that she will give him enough head up so he can find someone to replace her so it won't affect the medical assemble line.

The supervisor made these statements such as:

-She is a good worker and hated to see her go
-He tried to get her to say with the company by saying " why don't you just go to another shift"
-I need your advice; you're the person I know knows the whole assemble line.
-The temp explained to the supervisor that she have seen people(temps) fired for no reason and for lies. The supervisor replied "I can't see them doing that to you"
-He than stated that "her leaving will have his boss question him about him not running the shift correctly.
-He said that "he one day feared of coming to work and losing his job".

The temp didn't have anything more to say, the boss turns and tell her "see you tomorrow".

The next morning the temp receives a message and email from the temp agency saying that her position has been terminated because she left her shift early without telling her supervisor or discussing any issues with him.

In theory, the temp believes the supervisor made up the lie to fired her so he wouldn't be questioned about how he is running the shift, to hinder her getting another job with the temp agency or even getting employed at the competing medical company and trying to possible prevent the person from collecting UE.

The supervisor lied to his boss and human resources so they can phone the temp agency and terminated her and failed to realize that she had been carry around a tape recording to catch this like this just in case.

Strange thing is the temp express her fear of being fired for no reason and lies made up and he replied "I can't see them doing that to you" and turns around just to do the exact thing she feared.

Is there anything she can do about this?

1 answer  |  asked Jun 22, 2012 6:02 PM [EST]  |  applies to New York

Answers (1)

Anne Golden
Unfortunately, if the temp cannot show that she has a specific legal claim, generally there is not much she can do. This is an oversimplification, but it is not illegal to lie to an employee, or to fire someone unfairly.

posted by Anne Golden  |  Jun 26, 2012 12:34 PM [EST]

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