Legal Question in Business Law in California

I was called and employed by a staffing company in California that is tribally owned. They placed me in a receptionist position, of which I fared well and was promoted to somewhat of an Administrative position three weeks after I was placed.

I was told (by the company I was placed with) that I would not receive a raise until I proved myself. Within 3-4 weeks I was doing great(and they relayed this praise to the temp. svc.). I even caught up crucial work the last employee had left over a period of several months. I was very upset that the temp. service did not negotiate a raise on my behalf and after realizing they were not going to give me a raise yet wanted to hire me permanent at receptionist pay when I was doing five times or more the amount of work I was hired and being paid to do I spoke with my recruiter.

He said that he could not place me while I was working for this company because they were wanting to hire me permanent. That he would agree to unemployment, and that he would be able to find me a position within 2 weeks then he could place me, but only if i let go of the current position I had.

Two weeks later, and he wouldn't return phone calls. I called the office manager who said he'd take care of it. I received a call from the recruiter I felt was threatening me having any future work repeatedly saying "you shouldn't have called my boss, you'll find I don't roll like that". When I didn't back down from my position he said I'm done and hung up on me.

Do I have any recourse legally? I would have never given up my job without his guarantee for 2 weeks of unemployment and his word I would have a job in 2 weeks.


Asked on 7/07/10, 8:46 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Don't Do Stuff Verbally. It's not a job offer unless it's in writing.

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Answered on 7/07/10, 11:55 pm
Kevin B. Murphy Franchise Foundations, APC

The other attorney is right on point here. If it's not in writing, you have little recourse. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 7/08/10, 7:10 am

I would just add that even in writing, most courts would find a promise to find someone a job in two weeks to be too speculative to be relied on as a real promise, especially in this economy.

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Answered on 7/08/10, 8:04 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If you think the staffing agency itself is at fault, re-read your contract with them. Their conduct is probably permissible.

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Answered on 7/20/10, 9:15 pm


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