Detroit, MI asked in Civil Litigation and Employment Law for Michigan

Q: Can I sue a temp agency?

While working for a temp agency(4 days)I

Stopped into agency and was told I had failed a background check. That I couldn't work for one company...but could work in the same building, for another company. Later I found out that the first company actually offered to hire me, and then the temp agency had the check ran and told me I was excluded because criminal background. Yet the company I was leased to told me they didnt do background checks like that and offered to hire me outside the temp agency. So...i feel like the temp agency took a career from me, so that I would continue working through them and continue taking a portion of my pay.

1 Lawyer Answer

A: You can sue anyone, but these facts don't paint a valid claim. While working for the temp agency, you are subject to how they do things. If their procedure requires certain background checks, and they use the results of those checks to offer positions, then it sounds like that's exactly what they did. A company can always hire you on their own aside from the temp agency if they wish, and that sounds like what this company is willing to do.

If this company hires you straight in, what damages would you claim in a lawsuit against the temp agency?

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