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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18809
Experience:  Employment/Labor Law Litigation
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How long can you keep a temporary hourly worker before we have

Resolved Question:

How long can you keep a temporary hourly worker before we have to hire as full time employee?
Submitted: 5 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 5 years ago.
Hello and thank you for using Just Answer. I'm an attorney with a legal career spanning 13 years and I will be assisting you today.

There is literally no state or federal law that would force an employer to move an employee from temporary or part time to full time labor.

Now, an employer does have to be careful about leaving someone there forever because it could suggest an illegal motivation like discrimination, but those are secondary laws that come into play and not any specific statutory requirement to move someone from one status to another.

Edited by Jagcorps_esq on 1/28/2011 at 6:50 PM EST
Customer: replied 5 years ago.

If the employer treats the temp the same as a full time employee - like invite them to Christmas party or give them a Turkey at thanksgiviing, is the employer at risk of being forced to hire that person if it is persued?

Expert:  Allen M., Esq. replied 5 years ago.
No. Such actions don't turn a temporary employee into a permanent one.

The only thing the employer has to fear is the suggestion that they are forcing this person to remain temporary based on illegal discrimination due to race, religion, gender, age or disability.

If one of those factors are not really available to point to as the discriminatory basis, there is not a claim.
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