What are my rights with temporary employment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights with temporary employment?
Started a job last week with understanding it would be for a
couple months. Then the first day he put our financial
agreement in writing and said it was for a couple of weeks
instead. After the first week of work he sent me an email
terminating my employment. Trying to find out if having a
financial agreement in writing entitles me to more than the
week’s pay?
Asked on November 13, 2017 under Employment Labor Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It depends on whether the "financial agreement" constituted an enforceable contract. If its terms were clear; if it stated a definitive length or end date for employment; if (as we assume) in indicated that you were working in exchange for compensation (so there was an exchange of "consideration" or things of value--i.e. work for pay); and if both sides indicated their agreement to it (e.g. signed it), then it would be a contract and the employer should owe you the defined or stated amount of pay. But if it was indeterminate, especially as to duration, or contained any language that allowed earlier termination, it would not be enforceable. You need it to have guaranteed you work--and therefore pay--for a set or definited period without any "outs" the employer could take advantage of.
If you belive it did form a contract, you could sue for breach of contract for the additional money. If it was not a contract, then because all employment in this nation is "employment at will" when there is no contract, they could terminate you early at will, without owing you anything.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.