Can a temp agency hold my benefitsifI relocated out-of-stateafter being fired from the assignment that I was on?

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Can a temp agency hold my benefitsifI relocated out-of-stateafter being fired from the assignment that I was on?

I signed a rulebook saying I would look for a job with a temp agency after an assignment was done. After I was fired I decided to move to GA and the agency said I abandoned them, but the rulebook also says the employment relationship is “at will” and I can terminate it without cause. Can they withhold my benefits for not calling them for a new assignment? The agency is in N; I moved to GA 8 months ago.

Asked on February 8, 2011 under Employment Labor Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The state that you moved from is not clear and my only concern here would be that the rulebook could some way be construed as a contract.  But nonetheless, it sounds as if it is conflicting in its terms.  And really they can not withhold your benefits - which I am assuming is your pay - especially this long.  Many states have rules as to "last paychecks" and when they must be given to employees.  Now, all the "N" states have final paycheck laws (Georgia does not but that is not where you were employed).  You need to look up online the law for the state in which you were employed.  Just google "last paychecks" and see what comes up.  Then write them a letter by certified mail indicating the law and demanding the money.  Good luck.


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