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Length of Temporary employee assignments
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Length of Temporary employee assignments
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Hi,
I have a question regarding the length of time a company can hire a temporary employee thru an agency before the employee can sue the company for benefits?
Does the micro soft rule apply here
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Forums » Topic Forums » Recruiting & Staffing » Length of Temporary employee assignments
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Length of Temporary employee assignments
posted at 3/27/2007 12:19 AM EDT
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Posts: 1
First: 3/27/2007 Last: 3/27/2007 |
Hi,
I have a question regarding the length of time a company can hire a temporary employee thru an agency before the employee can sue the company for benefits? Does the micro soft rule apply here also? I have worked for several manufacturing companies that allow temporary employees to only work for 9-10 months, then they either must be hired or laid off. The good employees are eligible for rehire after they have been laid off for 30-45 days. I would appreciate any information or company policies regarding time limitations of hiring temporary employees. |
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Length of Temporary employee assignments
posted at 3/27/2007 6:04 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
There is no set period of time, although six months is a good starting point.
It does depend on several factors, however. If the temp agency has benefits, then the cause of action for a benefits related co-employment suit is substantially reduced. Note that the benefits need not be the same - an agency 401k doesn't have to provide the same level of benefits as the client's. Also, the presence on site of a temp agency "manager" may substantially reduce the threat of litigation as well. Of course, this will depend on how many temps you have on site and whether or not this will be worth it to you. The MicroSoft case also relied on the temp/contractor employees doing the same or substantially similar work as regular employees. If that would not be the case with your temps, then you might have additional protection. And there's also motivation as well. Yes, a temp could sue for co-employment, but the payoff might well be minimal. In the MicroSoft case, the initial suit involved benefits and resolved the issue of whether or not the temps/contractors would be considered employees. Once that was decided, the real payday for the employees came in the form of the stock options they would've been granted had they been regular employees - and that was the follow-on suit. |
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