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Temp worker for almost 2 years - This LEGAL??
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Temp worker for almost 2 years - This LEGAL??

My husband has worked through a temp agency for almost 2 years. He is contracted to work at Honda of SC. He has had perfect attendance - good work ethic, etc. Now they are saying that he will be layed off in September because his 2 years temp. contract will be up. They aren't hiring any of their temps, only work them to death, then let them go.

IS THIS LEGAL?

He has had NO benefits, NO paid vacation, NO holiday pay since he has been there. It seems illegal to have someone hang on for 2 years just to say "we're not hiring, sorry".

Is there anything we can do???


    




Wally Y
If he is as good as you say he is, have him apply as a permanent worker at this facility. Something, it seems to me, he should have done after the first six months. If he had done that, his probation would have been over with when he became a full time employee and he would have immediately started getting all the benefits every other worker was getting. Now about the only thing he can do, if he doesn't apply now, is to find another job in a related field.


Gangstalicious
Rating
I work for a temp agency as well we are only required to work up to 960 working days as a temp. After our contract is up our agency and the company decide whether or not to make us permanent or to get rid of us. I found that in working as a temp you need to keep all lines of communication open. Ask questions about your assignment. Make sure you understand the terms of your contract. Most important, make sure that you are actively looking for employment while working as a temp.


bull_rooster_aardvark
Rating
Essentially he was a contract employee for 2 years and the contract is now up (yes this is legal). Because he had no benefits he hopefully received more pay - that typically how contracting work (ie the company has to pay more to keep the employees since they havev no benefits).

Even though they so they are not hiring, I'd suggest he goes to whomever he reports to and asks them if they would hire him on seperately. If he's really doing a good job they may be willing. Note that he may not get paid as much but get better benefits if they agree to this. Otherwise time to go out and look job a new job.

Best luck.


?
Rating
I hate to say it but it is legal. The government looks at it as you knew you were a temporary employee when you entered into a contract with the business. Your husband should be able to file for unemployment which is probably the only positive thing about the situation. Where I live a very famous candy company tends to keep people as temps for as long as 10 years and are constantly laying them off. There just isn't any legal recourse to solve it though because they get you when they hire you as temp.


Mel
Guess what? Your hubby is not technically a temp unless he was working as an independent contractor and met all of the IRS 20-factor test criteria which identifies him as an independent.

There was a big case a few years ago in which Microsoft did the exact same thing - laid off a bunch of long-term "temps" by ending their assignments. The temps filed a class-action suit and won a significant amount in severance and benefits because the court found that they were "co-employed" by Microsoft and by the temp provider. The court established <12 months as the guideline for determining whether an assignment is truly temporary in nature.

Tell hubby to visit an employment attorney near you and mention the MS co-employment case. You'd think big companies like Honda would learn....but then, you'd think Microsoft would have known better, too.

Good luck.


Truly Scrumptious
Companys can and will do allsorts these days. Anything to save them money.


leysarob
Temp means temp. Bottom line. The temp agencies where I live treat their employees terribly -- I know because my daughter and ex-husband used to work for one company.

Now I do HR for a large employer. I won't let that particular temp agency step foot on my business' property. Sorry about your husband, though.


?
Well I guess they might try to bring up how long he may have been "WORKING" & then say something like "Well since nothing permanent has come to any fruition!?! That said person shold feel lucky to have been able to lean on whatever's been provided... oh,` sorry G2G !! "R"r`r,r'.-


suzi q
Rating
If he signed the contract for this agreement, it is legal. A lot of companies hire their staff this way. They know they're doing this to keep from paying insurance and benefits. In the meantime, he will probably be eligible for unemployment if he hasn't found another job by the time he is laid off. lol


CatLaw
Legally there is nothing he can do. He was a contract employee and no matter how great of a worker he was, the contract had an end date. The employer honored the end date of the contract and has even told him that his contract will not be renewed in plenty of time for him to get another job. The temp agency that he is working for may be able to provide him with another assignment.


Silly me
Rating
I hate to say it, but temps are just fodder for the company. But, his temp agency (K Force or Kelley Services or whatever) should have offered him health and dental insurance, vacation time, etc. This was the case for me (as a KForce temp). Yes, the company where he was temping can let him go (that's one of the perks of having temps - the company can let them go whenever).

I wish you guys luck - our economy is down in the dumps.





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