Q: My recruiter said I was guaranteed 40 hours verbally and through text, but I don't see it in the contract. Please help!
Hello, I was confirmed to start a travel assignment for a job on 4/22/24. They have not gotten back to me so I ended up calling the person who interviewed me. They told me I should be receiving an email from HR about some modules to do for orientation, but that they weren't in a rush to start and it would probably be a couple more weeks. I told my recruiter from the staffing agency who then verbally and texted me that I am guaranteed 40 hours and will be paid either way. I looked at the contract and with my understanding I don't see anything about guaranteed hours. I quit my full time job for this and I don't want to not have income while waiting for this company to need my services. What is your advice? Thank you!
A:
In this situation, it's important to protect your interests and ensure that you have a clear understanding of your employment terms. Here are some steps you can take:
1. Request written confirmation: Ask your recruiter to provide written confirmation of the guaranteed 40 hours per week, either as an addendum to your contract or as a separate document. Having this in writing will provide you with a stronger legal basis if there are any disputes in the future.
2. Review your contract thoroughly: Carefully review your contract again, looking for any language that might suggest guaranteed hours or pay. If you're unsure about any terms, consider consulting with an employment attorney who can help you interpret the contract.
3. Clarify with the staffing agency: Contact your staffing agency and express your concerns about the lack of guaranteed hours in the contract. Ask them to explain how they plan to ensure you receive the promised 40 hours per week, even if the company delays your start date.
4. Consider negotiating: If the staffing agency is unwilling to provide a written guarantee of 40 hours per week, consider negotiating for some form of compensation or guarantee to protect your income while waiting for the company to start your assignment.
5. Document all communications: Keep records of all communications with your recruiter and the staffing agency, including emails, text messages, and notes from phone conversations. This documentation may be useful if you need to take legal action in the future.
6. Explore other options: If you are not satisfied with the staffing agency's response and cannot secure a written guarantee, you may want to consider looking for other employment opportunities to ensure a steady income.
Remember, verbal agreements and text messages can be binding in California, but it's always best to have important terms in writing as part of your employment contract. If you believe that the staffing agency has acted in bad faith or misled you, you may want to seek legal advice from an employment attorney.
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