rescind offer

teewhy68 · June 2005

All,

Need an assist on this one quickly. I have a temporary employee that is scheduled to start work for us as a full time employee Tuesday. Today, as an employee of the temp agency, he was a no call/no show for work, although he did show up at the temp agency to pick up his check and to quote the agency rep "was high or drunk." He has taken and passed a drug screen and the background check came back fine. The supervisor would like to rescind the offer and I agree, but my concern of course is our exposure. What do you think about rescinding based on the no call no show today? Thanks in advance

HRPager · June 2005

If you have no call no show policy, then it is simple. I would also consider the fact that they are a temp employee now and would consider termination of any temp employee if they don't show up when they are supposed to. I would NOT base solely on the opinion of the Agency Rep as that is all hear say.

teewhy68 · June 2005

We do have a no call/no show policy and
normally, I would tell the temp not to return but my concern is that we are in the middle of the hiring process. We made an offer and he accepted.

I completely disregarded what the temp agency rep said for just that reason, she's not a medical expert and she has no documentation i.e. BAT

Leslie · June 2005

I don't know about this. He wasn't a no call/no show to you, but to the temp agency. People certainly become short-timers when they know they have regular employment right around the corner - and I would assume with a temp agency more than most. The gossip that he was either high or drunk is just that. Was he supposed to be coming to your business to work his last week as a temp?

LivindonSouth · June 2005

Alabama, no problemo. Can him.

hhaynal · June 2005

How about this? Do you have a contract with the temp agency that Company can request removal of temp employee at any time for any reason? As of the present date, he is still an employee of temp agency. Temp does not become Company employee until Tuesday. Tell agency you don't want employee back.

System · June 2005

I agree with hhaynal. Contact the temp agency, withdraw the offer because he did not show, and request another temp.

lorrie · June 2005

I agree, unless you have some compelling reason to want to keep him, terminate.

hrdir03nafcu · June 2005

Not to put too fine a point on this, but I have to agree w/Leslie, AZ on this one. First, he's currently an EE of the temp agcy, and I'm sure that it is the temp agency's responsibility to communicate to you when he will not be reporting to work. His responsibility would be to report to the temp agcy. It will likely be very hard to determine who failed in their responsibility in this case: the temp EE or the temp agcy (I would anticipate lots of finger-pointing on the part of both!).

As to the temp EE's state of inebriation, unless the temp agcy did a blood alcohol test of some sort on the spot, I think they're out of line reporting to you that he was "drunk". And you'd be out of line to rescind a job offer based on taking the agcy's report at face value.

Did this guy show up for his temp assignment the next day (or report to the agcy that he'd be out for the day)? If so, you might want to give him the benefit of the doubt here. Our "no-show" policy doesn't distinguish between temps and regular EEs-- so we could certainly apply it to someone who was on a temp-to-hire track. However, our policy doesn't have a very "quick trigger": an EE would have to pull a no-show for 5 straight business days in order to trigger the "constructive resignateion" policy and automatic termination. Short of 5 days of no-show, it would be dealt with as an attendance issue thru progressive discipline.

Finally, we don't have a contract stating such, but I can assure you that anytime we're unhappy with the performance of a temp EE sent by our temp agcy, we call and they will immediately pull the offending EE. (And also don't charge us for that day's hours.) However, I think this is beside the point-- it has nothing to do with the issue that you've made the individual an offer of regular employment w/ your company, which he has accepted.

teewhy68 · June 2005

First, let me say thanks to everyone for the great advice and feedback. We contacted the agency and informed them that this individual's services would no longer be needed.

Our no call policy allows for termination on the first instance and we, like hrdir03nafcu, do not distinguish between temp and regular employees, so that sealed the deal for us.

Thanks TY

jmcaa · June 2005

This is an employee of the Temp Agency who was a no call/no show for work.........was he supposed to be working for your company that day??? If so, then recind offer.

If he was NOT supposed to report to your company until the next Tuesday, then basically he just quit the Temp Agency because he already had a job through your company. Keep to your hiring plans.

If this "temporary employee" was not scheduled to work for your through the Temp Agency on the day he was a no call/no show, then you should keep to your hiring plan.

teewhy68 · June 2005

Thanks jmcaa, he was supposed to show up to work with us that day and each day until we made him a full time employee the following Tuesday, we rescinded.

jmcaa · June 2005

Thanks for answering! I couldn't tell from your post whether he was supposed to be continually working for you up to the date of full-time employment. I would have recinded the offer also.

rescind offer

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