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Contracted under one job title, moved to different dept with new duties Promissed pay

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  • Contracted under one job title, moved to different dept with new duties Promissed pay

    I was contracted through a staffing agency to work as a "warehouse specialist" for one month. I was then moved to a different department under a different "title" with much more extensive duties which I held for a year.

    I had issues contacting the staffing agency and they had issues with staff so they never dealt with getting me a pay increase as promised.

    Finally got ahold of staffing agency manager, she stated I should be getting paid more and would get me a raise from $15 to $20 per hour and back pay AND that it was unfair of the company (staffing agencies customer) to try and get that much work for what I was getting paid. They felt the company they contracted me with should be paying me more and was trying to take advantage of me.

    This went on for months, I was told to hang in there, they would deal with it and not to worry. I was then laid off. Once laid off, they no longer felt I was owed any money. And washed their hands of anything to do with this.

    I am currently pursuing back pay for the time I held the new position and have a conference date scheduled for 8/11/14

    I've been told I am owed but was wanting the opinions of others..

  • #2
    Who are all the mysterious "theys"? Who told you that you were "owed"? What is it you think you are owed? Do you have anything in writing that says you will get a raise when you accepted a different assignment?

    If you are working through an agency, that is who is paying you and the rate they pay you is negotiated directly with the agency, not the employer where you are placed. how much the agency charges the employer to host you, is a business matter between the two parties and frankly, doesn't concern you and has no bearing on what the agency actually pays you.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      "They"

      The regional manager at the staffing agency.

      I was promised $20 an hour in my new role by the agency once they found out I had been moved to a different department, in addition to, the agency felt I was owed for the time I spent in the different department because the "role" I was carrying was not the original one they contracted with the company.

      The agency fought for me to get the retro pay and felt it was deserved until I got laid off. At that point they said they could do nothing about it now since their client did not want to pay it.

      Comment


      • #4
        You can in theory try a small claims court action against the agency, but I do not like your chances.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          I don't see where you have a viable legal claim..and a promise of higher pay rate has the strength of wet toilet paper. Wether the agency could have billed you out at a higher rate ( and more profit for them) is 99% up to them and apparently they did not do so or the client saw it otherwise.

          You might have had a point to barter as to better wage going forward but such was not to be in cards.

          The staffing agency is in equation to protect their income stream and client relationship .....they are unlikely to be in equation to protect you.

          I don't see a legal point as to past wage due ...but double check me.

          Comment


          • #6
            The agency pays you so if they think you are "worth" $20 an hour, that is what they would have been paying you. They don't have to get the approval of the company or "fight to get the retro" as they are the ones who have total control over what you are paid.

            When you were told you would be making $20 an hour, how was that done? Was it in writing? Verbal offer? by whom? Was that why you accepted the offer? Did you turn down other offers in order to take this one based on pay? When your check wasn't correct, and you asked your agency to correct it, who did you approach and what did they say? After minimum wage, there is almost never a time when an employer is obligated to pay more, no matter the department.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment


            • #7
              Letter to labor board..

              Below is what I submitted to the Labor Board, they added evidence indicators as well as time frames to the letter along with my hours worked.. Thank you all for your advice!!!




              "I worked at xxxx xxx in xxxx, CA from Aug 1st 2012 through October 22nd 2013

              I was put on a temporary one month assignment through xxxx Staffing agency as a Warehouse Specialist making $15 per hour. I held this role from August 1st through November 6th 2012.

              As my warehouse assignment with xxx came to an end, I contacted xxx at xxx, in Stockton, about finding me a new assignment as my current role was ending. They informed me they did not have a position available at that time and to keep in contact.

              I was then approached by my current Manager at the time, xxx, and asked if I would be interested in moving to a different department, Maintenance for a new role. I then informed xxx about what was going on and asked for information regarding a pay increase as my duties would be changing and expanding as well as the extent of the assignment in Maintenance and they had not heard anything about it from xxx and said they would get back to me, which they never did.

              The next day, November 7th, 2012, I was sent to the Maintenance department managed by xxx. In this role I acquired many new tasks that were beyond what was required/explained in the Warehouse role contract I signed when starting with the agency. I quickly took on the position of a Maintenance Planner handling all tasks and doubling as a backup Procurement person, positions held by salaried employees making between $65’ and $85’, while still making $15 per hour.

              I continued to attempt to contact xxx via email and phone in regards to my role change and a pay increase with no response. This went on for a few months with no results. Then in June, I was unable to submit my hours via the online website so I called the Stockton branch number I had used for my entire assignment and I was met by a “disconnected” signal.

              I then contacted corporate xxx; they informed me that the branch location had moved to Manteca, CA and provided me the contact.

              After finally getting in contact with xxx at the Manteca branch, I informed her of what had been going on with not being informed or made aware of any changes in branch location and how it has been impossible to get ahold of anyone at xxx to help me with the fact I was handling the role of a Maintenance Planner and Buyer which was not in my job description or what I was placed on assignment as, which was Warehouse Specialist, and that I needed this handled.

              They apologized and said they have had a ton of problems with management and did a restructuring and things should run smoother. After explaining my job duties and the situation and was told “I should not be doing work of a planner and getting paid what you are getting paid”. I was then told they would look into it and get me a pay increase to $20 per hour, as well as back pay for the time I was in the Maintenance department. She then asked who the HR manager was and had no clue who to contact, her name was xxx.

              It then went back in forth weekly through July and August between the ------- staff and I, who said they had issues getting ahold of anyone at ********** in regards to what my role was and a pay increase but to hang in there and keep going. I then gave xxx direct line, her email as well as my manager’s email. Eventually after this went into late August, I again called xxx, who explained they had tried repeatedly to get ahold of xxx, who never responded to emails or calls.

              They explained they would be passing this on to the districts xxx office in Sacramento and that xxx, regional manager, would be in contact with me. I was then called by xxx, who told me she would be taking this over and getting it handled. I again explained everything that had gone on since the beginning and she again elaborated on the fact that they had issues with their xxx staff and apologized, again assuring me they would get me the pay increase to $20 per hour was deserved as well as getting me back pay for the time I had been in Maintenance and told me to hang in there, keep working and stay positive.

              Feeling relieved and that this was finally getting dealt with I waited for a response from xxx until I finally decided to contact her. She told the same story of not being able to contact anyone in HR. I then decided to approach my manager about this and explained to him what was going on and that xxx said they have been trying for months to contact someone in HR and was unable to. He explained that xxx had just gone out on health issues and to have xxx call him and he would let them know he approves of the pay increase.

              I passed this information on to xxx who then spoke with my manager, xxxxy, and relayed to me she would be contacting who was filling in in HR and everything was looking good. Another week or two passed and I again had heard nothing. I contacted xxx again, asking what was going on. She again said she had not heard anything back from anyone but again told me to hang in there and they would get it dealt with and I deserved to get paid correctly for what I was doing.

              This went on until October when out of nowhere a corporate restructuring eliminated my entire department and I was laid off. I informed xxx at xxx about the lay off and she said she would continue to look into me at least getting back pay for the time in Maintenance, which was November 6th 2012 until October 22nd 2013. I had no response to my emails or calls and was told that xxx was not available until I finally got ahold of her in early December, at this time she informed me she had spoken to xxx and was finally in her good graces but that xxx said she appreciated my services but they would not be paying me any type of retro pay.

              Kellie then went on to tell me that if this happens again to go straight to corporate as this issue was not handled correctly by the xxxx staff and a Maintenance Planner was not what my assignment was supposed to be. I explained to her that I would be taking this to the next level and she went on to tell me not to do that and she was finally on good terms with Leah and would be trying to get me back in there asap. This never happened and my emails and calls to xxx ignored."
              Last edited by ElleMD; 08-05-2014, 07:34 AM. Reason: removing company names

              Comment


              • #8
                My guess is you are caught in middle ..with no real upsides....you were apparently an agency employee at say $20 hr ..and that assignment is over . Then somebody in end user firm approached you about a different role at a higher rate to you . Many a supplier agreement has a no hire or big fee rule in it and you likely ran afoul of same thru no fault of your own ..perhaps the other dept. manager knew or should have known of agency fine print The agency and the company were unable or unwilling to come to agreement ..and you became expendable ..just a guess....but bottom line I don't think you have winnable cards at anything that matters. The promise of a pay rate is not a contract or commitment as I read it in your context.

                Comment


                • #9
                  "Promised wages"

                  I was told something along the lines of "if you are promised an amount by an employer and they do not hold to their end, you are owed" per a CA state law. Was actually an option on the form for the labor commissioner.. example..

                  33a. Were you an HOURLY employee?
                  ☐YES: I was paid $______________ per hour.
                  I was promised $ _____________ per hour.

                  33b. If you were an HOURLY employee, were you paid or promised more
                  than one hourly rate (based on the hours you worked or different job
                  tasks)?
                  ☐YES (describe)

                  Would this not fit in the "promised" pay category?

                  Thank you for your help!

                  Originally posted by Raster View Post
                  My guess is you are caught in middle ..with no real upsides....you were apparently an agency employee at say $20 hr ..and that assignment is over . Then somebody in end user firm approached you about a different role at a higher rate to you . Many a supplier agreement has a no hire or big fee rule in it and you likely ran afoul of same thru no fault of your own ..perhaps the other dept. manager knew or should have known of agency fine print The agency and the company were unable or unwilling to come to agreement ..and you became expendable ..just a guess....but bottom line I don't think you have winnable cards at anything that matters. The promise of a pay rate is not a contract or commitment as I read it in your context.

                  Comment


                  • #10
                    It takes a lot more to have a verbal contract to pay a certain rate than just some random agency employee agreeing you should be paid more, several months after you have already been in the job. My suspicion is that whoever you talked to in June wasn't authorized to set your rate or raise it and you presented it as though the increase was a done deal when it was not. When you started the new assignment back in November, you asked for more money but accepted the job without any sort of agreement in place for more money. You then worked at the original rate for 7 months without a word. I would be shocked if you were owed anything without a firm promise at the time you started the work.

                    Most of the details in your letter are extraneous and just confuse the issue. I suggest getting your complaint down to bare facts. When you started the assignment. Who told you what your new rate would be. What that rate was and what steps you took and when to correct the error.
                    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                    Comment


                    • #11
                      Will do..

                      Originally posted by ElleMD View Post
                      It takes a lot more to have a verbal contract to pay a certain rate than just some random agency employee agreeing you should be paid more, several months after you have already been in the job. My suspicion is that whoever you talked to in June wasn't authorized to set your rate or raise it and you presented it as though the increase was a done deal when it was not. When you started the new assignment back in November, you asked for more money but accepted the job without any sort of agreement in place for more money. You then worked at the original rate for 7 months without a word. I would be shocked if you were owed anything without a firm promise at the time you started the work.

                      Most of the details in your letter are extraneous and just confuse the issue. I suggest getting your complaint down to bare facts. When you started the assignment. Who told you what your new rate would be. What that rate was and what steps you took and when to correct the error.

                      Thank you so much, that makes a lot of sense. I eliminated a bit of the personal info as not to give names but I do have specifics in the original letter. Will absolutely shorten and get the simplified version ready to go prior to the conference. Just wanted to get some info before requesting to leave early from work and wanted to see if it was even worth taking the time off.

                      Again, thank you for your help!

                      Comment


                      • #12
                        Part of my difficulty or confusion was your lack of clarity as to just who was your employer as to the new assignment. and physically just how were you paid by whom in second assignment?

                        I think you hurt your credibility by waiting a long time ..if there was a payroll rate misunderstanding early on....well get it resolved early on..but in a sense if your pay rate went from $ 15 to $15 then at some point you may be deemed to have agreed to same ..frankly short of some serious written communications evidencing some new higher agreed rate, I think you have a very weak point as to retroactive pay hike for the more demanding job. ..but my vote does not count.

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