unfair treatment at work//possible discrimination

[mj08]

My boyfriend works at a honda plant through a temp service. He worked as a temp there a year ago for four months before they laid off all the temps. After the economy got a little better, they took him and several others back and he has now been a temp there for 11 months. He started off working one first shift but was put on third shift because he doesn't have first priority being a temp which is understandable. They then bumped him to second shift shortly after which he's been on for over 7 months. He has been told he's been getting hired on for a long period of time now...just a couple weeks ago, he found out that managers have been going around putting some temps on lists with extra benefits etc. and on a "trial period" to be hired on. My boyfriend wasn't talked too about this even though he has been here longer than most of all the temps that were talked to. He has gone to the managers a couple different times now to try to figure out why he isn't on the list and what is going on and they will not give him a real answer. He is an extremely hard worker and his main supervisor that manages the line he works on will vouch for him that he is one of the hardest workers he has and was suprised he was not on the list. This workplace has a strict attendance system and you point out after 6 points for temps and get fired so clearly this is not the issue and we do not what the problem is. My boyfriend is also a full time father and does not get any help from the mother so he has asked various times to get switched to first OR third shift. He is still on second shift even though many other temps who have been there way shorter lengths of time as him are on first and third. He has stressed to them that he is a single parent but they still have not done anything about this......I think he has been treated very unfairly and have told him to talk to higher management many times but after talking to them, nothing ever happens. He is going back to school this coming year to find a way to get a better job but it will be very difficult being a full time father on second shift making temp pay.

This does not seem right how unfair this work place is. My boyfriend (who is biracial) said he thinks a supervisor may be racist but l but since there is no proof, we don't know how much this comment will stand as proof. What to do?

 

[army judge]

You can do nothing.
He has no case.
It may be unfair, but it isn't illegal.
With no proof, it is nothing more than hearsay.
Despite what your boyfriend thinks of his work efforts, his employer doesn't agree.
Besides, he's only a temporary employee, paid through an agency.

As far as his single parent status, that means nothing to the employer.
They pay him, not his family.

He does have one option, he can quit.
Otherwise, he receives a paycheck for his work.
That is all his employer owes him.

As I said, it may be unfair, but it isn't illegal.

 

[irish223]

I'd like to add a nonlegal observation.

As a temporary employee who is hoping for a full time job in this economy, the last thing he should do is to tell his prospective employer that he doesn't want to work a particular shift.

What if that's the only shift open for new hires? What if they're looking for someone who will be flexible on shift assignments? In either case, he's just taken himself out of the running.

 

[mj08]

Thanks for the replies. And yes, I understand as a temp, he needed to be flexible. I just thought he would have priority over other temps who had been there shorter times when it came to shifts.

Another question because of today's events. Before work today they called my boyfriend and left him a voicemail telling him he did not come into work today because he was terminated. When he called them back, they said it was because he wasn't being considered for a full time position so there was no reason to keep him. This also comes right at the time where he had just worked the amount of hours to where they had to give him a paid full week off which he was going to take off next week. Coincidence? I don't think so. Anyhow when he called back to ask why and what was going on she said he was late to the floor two times in a week. He is never ever late, if not early. When he asked for them to give him the dates he was late, they would not give it to him.

My question....is this unlawful termination? Don't they have to have a real reason for this? Can he get unemployment?

Thank you in advance.

 

[Patricia_Young]

This is nowhere near wrongful termination and no, they don't need a "real reason" to terminate him; they could terminate him legally for wearing green socks.

He should definitely file for unemployment, however. Based on the details in your post, he's likely to get benefits if he otherwise (financially) qualifies.