I informed my employer I was sick and in hospital and had surgery. She proceeded to asked what happened and how did I get that? She then got upset and stated that she was being informed too many days later (even thou my sister had been calling the temporary agency and letting them know what was going on and no one was getting back to her). Few weeks later, she is calling me and telling me she has to fill the position and if I could at least start part time. She then compared the type of surgery she had to mines and stated she was able to go back to work earlier. Since I am working as a contractor, I called my boss (@ the work site) and asked him if he could wait another four weeks and he was okay with. The agency, my employer called me back screaming saying that I shouldn't have done that because he is not my employer. My questions is, do I have any rights? Can I sue my employer for all the mental stress she has cause me during my disability? Every I speak to my employer I feel uncomfortable answering all the personal questions, Is this legal for an employer to get personal about my illness?

Employers have the right to get proof of a doctors treatment when it extends beyond 3 days... ( and in the 30 years I've been working, every single employer has.

And if you are going to be out for an extremely long time, like you have, they don't HAVE to hold the position open for you. Particularly as a Temporary employee.

The client is paying for someone... they NEED someone there... not having someone there is a breach of contract.

Deal with it... you can't sue everyone every time anything upsets you. They have a business to run... thats life.

You can thank the countless numbers of other people that abused sick leave over the years for this. That's why they can and do require proof of treatment from a medial office, not from you.

You are walking on very thin ice... unless you are part of a Union Labor contract, they need very little cause to dismiss you. And in many states... as an AT-WILL employee none at all.

As such I highly recommend you be careful with what you say and how you say it, and WHO you say it to.

I also want to note that at MOST temp agencies (any I have ever seen), you are required to sign a contract that prohibits you from directly accepting employment from a temp position for a specific period. If this is the case, then you breached the contract by contacting the company you were contracted to, and may very well find yourself the subject of a lawsuit if you try and sue them.

I did provide proof of my disability, a doctors note and my state disability papers. But every time and its only been three or four times I speak to the manager @ the agency she is extremely rude and I think she invades my privacy. My documents are clear from my doctor and she wants to get up close and personal.
Also, I did not sign any document(s) preventing me from leaving or accepting any other job. Just like they can fire me at will, I can leave at will.
Bottom line, all I was asking was if any of my rights (if I had any) while on disability were being violated by this lady. It's not about being UPSET, its about being treated as a human being and its NOT by choice I became ill. No need for rudeness SMOOTHY.

There is nothing wrong with what they did.

The company has no obligation to even keep you since you are a temp. The temp agency has a right to send someone else. You have no right to this job.

First, I don't see Smoothy's comments as rude. Brusque maybe, but not rude. He expressed his feelings about your situation which is what you asked for. And the feeling he expressed have merit, even if you don't agree.

Second, You were very wrong to go directly to the job site. You are employed by the temp agency and should deal ONLY with the temp agency.

Your employer has the right to inquire about health issues, but you have the right to refuse any information you don't want them to have.

If you felt the manager at the agency was being rude, then go to her supervisor and ask that another rep be your contact. That is the only thing you had a right to do.

Quote:

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Originally Posted by luddyz

I did provide proof of my disability, a doctors note and my state disability papers. But every time and its only been three or four times I speak to the manager @ the agency she is extremely rude and I think she invades my privacy. My documents are clear from my doctor and she wants to get up close and personal.
Also, I did not sign any document(s) preventing me from leaving or accepting any other job. Just like they can fire me at will, I can leave at will.
Bottom line, all i was asking was if any of my rights (if I had any) while on disability were being violated by this lady. It's not about being UPSET, its about being treated as a human being and its NOT by choice I became ill. No need for rudeness SMOOTHY.

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Hey.. I wasn't being rude... I was telling you like it is... if you read what you have written so far... its clear you have an attitude. I'm trying to get you to recognize it before you put you foot in it. Because if you haven't yet, you are dangerously close to it.

You employer has the right to that info... you have the right to not give it to them... they in turn have the right to terminate you immediately. Those are the rights that apply here.

Sorry but that's life... that's reality, that's how it is. Its clear you don't have much experience in the workforce or it would be obvious. I've worked for seven different companies plus two temp agencies over the last 32 years. I'm speaking from personal experience.

Honestly its your life... you can take some advice.. or you can go get yourself fired and learn the same thing the hard way. Its your choice.

I'm not your family, and neither is your employer... neither HAS to be nice, and I guarantee you, you employer will be a lot more harsh than I can be, because they can fire you on a minutes notice and I can't.


And if anything, in this economy... particularly now... there are a LOT of people that would be willing and able to take that job in an instant. And your temp agency knows it, and so does the company you are contracted out to. And there are thousands that would move halfway across the country just have your job. Because they have been unable to find one for a year or more.

That's life for tens of millions of families right now. It might not be as easy to get that next job.

Word of advice...

I hope you listen.