Takeaway: The end of a staffing agency employee's temporary work assignment was not a discharge from her employment, and so the employee was not entitled to immediate payment of final wages under California law.
When an employee of a staffing agency was told not to return to her temporary assignment at a bank, she had not been discharged from employment, a California appeals court recently ruled.
Therefore, the court said, she was not entitled to penalties under the Private Attorneys General Act (PAGA) for the staffing agency's failure to timely pay her final wages as required by California Labor Code section 201.3(b)(4), which provides that when an employee of a temporary services agency is assigned to work for a client and is discharged by the temporary services agency, wages are due and payable immediately.
About one week into the worker's assignment to the bank, she was told not to return to her position, allegedly because she had been abusive on the phone to a staffing agency representative. The worker claimed that the staffing agency told her she was "fired," and that it was "implied" the firing was from the agency, rather than the bank assignment. In a contemporaneous internal e-mail, a representative of the staffing agency characterized her message to the employee as being that she was not to return to the bank due to violent and threatening behavior.
The worker was paid for the work she had done at the bank in accordance with the staffing agency's regular payroll...
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