Summer 2008 I worked for Lifetouch Prestige Portraits through a temp agency called StaffMark. November 4th, 2008, I was called into the office and was told that my supervisor didn’t think my shirt was appropriate. I was wearing a green tank top with a green cap sleeve blouse over it and was covered by a blanket as it was a call center that tends to be ridiculously cold. The three StaffMark employees that were in the office all claimed that my attire was nice and very professional, but since a complaint had been made, I had to go home and change.
I advised the women that if I had to leave, I would probably be unable to return until the next business day. I had never missed any work before and was told I would get points marked on my employment sheet, but it was fine if I couldn’t return until the next day. I got a call from the office at closing time, about 5 p.m., saying that, due to my refusal to return to work, I was being terminated and I could pick up my things the next business day, if possible.
I returned to the building the next day to pick up my things and asked why I was fired. They told me they had decided to terminate me for my refusal to return to work (even though it was the only day I had missed and you can miss up to four or five days before getting so many marks that you are eligible for termination). I explained to them that I did not have regular access to a vehicle and it took me three hours to just GET HOME that day and I pointed out that I had told them I would return the next business day on time as usual if I was unable to return that day. They then tried to point out other reasons for firing me, all of which were absolutely untrue, then turned around and apologized for firing me for no reason and offered me a position through their temp agency at another company right there and then.

I was employed two weeks later, through my own efforts, full-time through a company as I no longer trust temp agencies. I didn’t like the company I was working for, so I continued to look for work elsewhere. I was contacted by a company I applied for and was told that they had contacted StaffMark, who was the company they were hiring through, and was told I was not eligible to work through them because I walked out on the previous position I had through them.
This is obviously a lie and I told them what had happened and they agreed that it was wrong for them to lie like that, but since that’s who they were hiring through, I was not eligible to work at the company.
November of this year I was terminated from the job I did have. I filed unemployment and was granted it, but when I refiled it automatically selected StaffMark and of course, they contested it, but their explanation wasn’t that I hadn’t worked for them for over a year, it was that I had voluntarily left my job.
I just got off the phone with them and asked them to change this false information and the woman I spoke with was very rude and said that what they have in the system, false or not, cannot be changed and it is what they have on file and will give as reason my employment ended, yet also said they only give dates worked, not reasons employment stopped. This is obviously false and I spoke with the woman for quite a while and she eventually said she would no longer speak with me on this matter. When I told her I could bring up legal action against her, she started yelling and screaming, telling me that was impossible.

This is obviously fraud, slander, and defamation of character, correct? Would it be possible to have them legally change their false information or pay me reparations for job opportunities missed because of their lies?

Filed under: Business Phone Systems