My question involves labor and employment law for the state of: NJ
I have been doing my own research but that is of course limited to my own personal experience and knowledge, which is very limited.
Anyway without revealing every little detail. I will try to be descriptive without revealing too much. I had "two" employers. Long-term temporary. Paid for by public funds.
About 6 months prior to getting this position, i spent time in a crisis center. i picked myself up and was attempting to regain stability. I was doing a good job and was liked enough and a higher up staff member circulated an email around about how I was doing such a good job. He meant well but that email really made things bad for me by "union" workers. ( i am not anti-union, but I do think that sometimes "union" members feel they can harrass non-union "temps" because they can't be fired authomatically.)
To sum it up.... shortly after that email circulated, I began being harrassed heavily, the harrassment consisted of both NON-EEO and EEO related. As a temporary employee, I was hesistant to make any moves or complaints but comments were made about my mental health status etc and being in a faciliyt just a year prior started to impact my work.
However, My supervisor made a internal complaint on my behalf when she finally witnessed it herself. She finally witnessed them calling me derogatory names that violated the EEO policies. Because I was the temporary employee and the other employees were in a union, I was told a few days later that my services were no longer needed.
I waited 9 months for the "client" to finish its internal investigation. EEO found in my favor but said I was terminated due to poor work performance, so I filed a complaint with the EEOC and the position statements between the two companies are conflicting. The temp agency said I was let go due to lack of work, the "client" told the EEOC that I was let go for misconduct and because I was unfit and obsessive.
I do have an attorney but he is "free" and elusive. I understand that he has to be that way because he cannot guarantee any outcome. However, I am curious about the odds of them prevailing on a motion to dismiss. I would at least like to get to summary judgment stage.
IN a few weeks there are motions pending by both defendants to Dismiss portions of the complaint. The temp agency is trying to dismiss the "breach of contract" claim because they claim we had no contract even though I signed a 3 page agreement but Their "client" is trying to dismiss the entire complaint in liue of answer because they claim "they were not my employer and are not a proper defendant". I was rehired by them both 7 months ago most likely as an effort to minimize damages. Obviously I am very confused. I can't fault them for trying to get the case dismissed but what are the odds that it gets thrown out this early in the game?
I have been doing my own research but that is of course limited to my own personal experience and knowledge, which is very limited.
Anyway without revealing every little detail. I will try to be descriptive without revealing too much. I had "two" employers. Long-term temporary. Paid for by public funds.
About 6 months prior to getting this position, i spent time in a crisis center. i picked myself up and was attempting to regain stability. I was doing a good job and was liked enough and a higher up staff member circulated an email around about how I was doing such a good job. He meant well but that email really made things bad for me by "union" workers. ( i am not anti-union, but I do think that sometimes "union" members feel they can harrass non-union "temps" because they can't be fired authomatically.)
To sum it up.... shortly after that email circulated, I began being harrassed heavily, the harrassment consisted of both NON-EEO and EEO related. As a temporary employee, I was hesistant to make any moves or complaints but comments were made about my mental health status etc and being in a faciliyt just a year prior started to impact my work.
However, My supervisor made a internal complaint on my behalf when she finally witnessed it herself. She finally witnessed them calling me derogatory names that violated the EEO policies. Because I was the temporary employee and the other employees were in a union, I was told a few days later that my services were no longer needed.
I waited 9 months for the "client" to finish its internal investigation. EEO found in my favor but said I was terminated due to poor work performance, so I filed a complaint with the EEOC and the position statements between the two companies are conflicting. The temp agency said I was let go due to lack of work, the "client" told the EEOC that I was let go for misconduct and because I was unfit and obsessive.
I do have an attorney but he is "free" and elusive. I understand that he has to be that way because he cannot guarantee any outcome. However, I am curious about the odds of them prevailing on a motion to dismiss. I would at least like to get to summary judgment stage.
IN a few weeks there are motions pending by both defendants to Dismiss portions of the complaint. The temp agency is trying to dismiss the "breach of contract" claim because they claim we had no contract even though I signed a 3 page agreement but Their "client" is trying to dismiss the entire complaint in liue of answer because they claim "they were not my employer and are not a proper defendant". I was rehired by them both 7 months ago most likely as an effort to minimize damages. Obviously I am very confused. I can't fault them for trying to get the case dismissed but what are the odds that it gets thrown out this early in the game?
Getting Fired: Mutiple Employers-Conflicting Position Statements- Odds of Motion to Dismiss Granted
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