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Contract Employment Worker Rights?
Old 03-06-2006, 06:04 AM   #1
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Contract Employment Worker Rights?

Do contract (temporary) workers have any rights?

My wife's employer told her that she will be off the job next week - three weeks earlier than the contract date. Is this right? Is the employer obligated to fullfil the contract?

She has been working for them over a year. When a direct position doing the same thing as she does came up, the employer did not offer the job because her degree is not from a well-known university (scapegoat?). The direct position is still open. Can this be considered as discrimination?

Any legal advice (or opinion) will be appreciated.
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Re: Contract Employment Worker Rights?
Old 03-06-2006, 09:30 AM   #2
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Re: Contract Employment Worker Rights?

What does the contract say about termination? What the contract says should govern.

With respect to the open job, the employer can't discriminate on the basis of age, sex, national origin, color, etc, but can discriminate on the basis of where you got your degree. But if that is a pretext for some other discrimination, such as age or sex, then maybe there is a problem. But try to prove it.

If they end up hiring someone younger or a male who is less qualified, then there possibly could be a claim. I don't work in this area at all, but I understand that these claims are hard to prove.

Edited to fix subject verb agreement so I don't look like a complete idiot.
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Re: Contract Employment Worker Rights?
Old 03-06-2006, 10:11 AM   #3
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Re: Contract Employment Worker Rights?

Martha has some great advice here.* I wish the best of luck to your wife.

I have a few choice words about corporate *degree snobs*.* Take Google for instance.* Google would like to grow to X amount of revenue by a such a date.* Google needs to people to support growth strategies (where's that annoying corporate speak thread* :P), yet they preclude the majority of very qualified people by adding education constraints such as "YY degree required from a top tier school".* Oracle used to be just as snobby, although I think they've loosened their qualifying standards a bit in the last several years.* *
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Re: Contract Employment Worker Rights?
Old 03-06-2006, 10:31 AM   #4
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Re: Contract Employment Worker Rights?

Martha and Jiggles,

Thanks for the input. I think most contracts are "at-will" - that is, either party can terminate the contract at any time for whatever reasons.

It's probably true that hiring based on the reputation of college is legal and thus not considered as discrimination. However, should this only be applicable for new graduates and not for a person with 5 or more years of experience?

Anyway, the company is based in Minneapolis, Minnesota. The company is already in the news about the exorbitant compensation of the CEO whose 6.5% of his stock option is worth $126 million. They are trying to improve its image by announcing a $10 million college scholarship fund for the poor. I do not think that they want any negative publicity that they discriminate against graduates from a local state university.

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Re: Contract Employment Worker Rights?
Old 03-06-2006, 10:33 AM   #5
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Re: Contract Employment Worker Rights?

Quote:
Originally Posted by Jiggles
Google would like to grow to X amount of revenue by a such a date.* Google needs to people to support growth strategies (where's that annoying corporate speak thread* :P), yet they preclude the majority of very qualified people by adding education constraints such as "YY degree required from a top tier school".* Oracle used to be just as snobby, although I think they've loosened their qualifying standards a bit in the last several years.* *
Amazon is just as snobby. You may be fantastic, but unless you have a CS degree, you won't even get an interview.
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Re: Contract Employment Worker Rights?
Old 03-06-2006, 10:59 AM   #6
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Re: Contract Employment Worker Rights?

Many employers use a narrow academic requirement to cut the size of the applicant pool.* Often the best opportunities can be found with lower profile employers.* Some employers and job seekers are using temporary placement services for a mutual look even in the professional and technical ranks.* No employer will promise a temp/contractor a job but it is fair to ask how often their new hires have worked as temps or contractors.

From an employment law POV the recent US DoL regulations discussing minimum qualifications and automated (internet) screening could have in impact on the 'which school' standard.
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Re: Contract Employment Worker Rights?
Old 03-06-2006, 11:01 AM   #7
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Re: Contract Employment Worker Rights?

I had a consultant working with me that was just totally jazzed by what I knew and tried to 'poach' me. We had a stand up 3 minute 'mini interview' where I gave him my qualifications and experience and he was just hitting the roof. Then he asked where i went to school and I said I didnt go at all. Well, they only hired PhD's and maybe someone with a masters if the person was reallllly special. That was the end of that.

I made three billion dollars+ for my last company. I wonder how the guy that other company DID hire worked out for them.

Unless theres a clear cut payment/compensation clause on early termination in that contract, anything done will cost more than the three weeks pay would be worth. At a minimum, you'd lose a reference.
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Re: Contract Employment Worker Rights?
Old 03-06-2006, 11:07 AM   #8
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Re: Contract Employment Worker Rights?

Quote:
Originally Posted by Spanky


It's probably true that hiring based on the reputation of college is legal and thus not considered as discrimination. However, should this only be applicable for new graduates and not for a person with 5 or more years of experience?
What is legal and what makes sense are not necessarily the same thing.

Quote:
Anyway, the company is based in Minneapolis, Minnesota. The company is already in the news about the exorbitant compensation of the CEO whose 6.5% of his stock option is worth $126 million. They are trying to improve its image by announcing a $10 million college scholarship fund for the poor. I do not think that they want any negative publicity that they discriminate against graduates from a local state university.

Spanky
But will they get any negative publicity? One voice in the wilderness probably won't cut it.

(Oh, I am really curious as to what company this is. . )
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Re: Contract Employment Worker Rights?
Old 03-06-2006, 11:14 AM   #9
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Re: Contract Employment Worker Rights?

Quote:
Then he asked where i went to school and I said I didnt go at all.* Well, they only hired PhD's and maybe someone with a masters if the person was reallllly special.*
Good reason to learn about the background of their employees.

I think that the leadership of this firm isn't confident about their hiring decisions.* If a project fails they can claim that they hired the best and the brightest, it wasn't their fault.*
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Re: Contract Employment Worker Rights?
Old 03-06-2006, 12:38 PM   #10
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Re: Contract Employment Worker Rights?

Quote:
Originally Posted by Martha
(Oh, I am really curious as to what company this is. . )
United Health Group - second largest health care insurance co.
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Re: Contract Employment Worker Rights?
Old 03-06-2006, 07:14 PM   #11
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Re: Contract Employment Worker Rights?



lol, I just the appeals area a scathing letter from hell. It seems like their internal processes and systems are f$%&# up needs improvement.
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