Civil/Commercial Litigation (Lawsuits)/wronged.

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Question
Ok , so I worked for a temp agency in long beach ca for around 4 months until I was hired on to this company that was provided by the temp agency. The agency had a contract that required a fee for my permanent employment, my ex-employer decided they wanted to avoid paying that fee so they encouraged me to find a way out of the temp agency without being obvious, suggesting that I should say I'm moving out of state for another job or something, I have no proof of them asking me to do that but that's exactly what I told the agency so they have the proof. I also have my check stubs from when I started (which was two weeks later) until about a week ago. They fired me a week ago providing no good reason & I felt like I was one of the hardest working people there if not the hardest. I was also the only black employee if that means anything. I'm wondering if I could team up with the agency and sue my ex-employer for encouraging me to lie to the agency just so that could use me for 6 months then fire me for no good reason. If anything at least the breach of contract should be reason enough, I also believe they did this same thing with several different employees.

Answer
Greetings joe,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

You might do well to confer with your fellow workers and former employees and gather information on this practice.  Perhaps together you can demonstrate a pattern of unlawful behaviour by your former employer.  

I do not practice law in your State, but it is my general impression that your work was as an "at will" employee.  In that kind of employment, an employer can generally fire an employee for no reason at all or practically any reason, as long as it is not an unlawful reason.  For example and as you point out, if you were terminated because of your race that would be an act of illegal discrimination.  I understand there may have been a contract between the employer and the temp agency, but it doesn't sound like you were a party to any employment contract, so I'm not inclined to support a breach of contract case as helpful to you.

Further, I do not know if there is a pertinent law about asking an employee to give false information.  It does resemble tortuous interference with contract, but again that would be a cause of action the temp agency could use to sue the employer.  You're probably better off not working for an employer that asks you to lie.

I urge you to immediately contact an attorney licensed to practice in your area to help you identify the local laws and rules that apply to this situation.  It occurs to me that if your former employer was willing to ask you to lie for them, it is likely you will find some other actionable issues a local attorney can help you with.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz
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Civil/Commercial Litigation (Lawsuits)

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Morgan Smith

Expertise

Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.

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I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at: http://en.allexperts.com/q/Civil-Commercial-Litigation-911/indexExp_80217.htm

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AllExperts, Yahoo Answers, http://smith-and-raver-llp.biz/News.html

Education/Credentials
J.D. William Mitchell College of Law, St Paul, MN

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