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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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When you begin a full-time job as 'temp' through an agency

Customer Question

When you begin a full-time job as 'temp' through an agency and then get hired, aren't you supposed to get the benefits they advertised on their website and in their handbook? I did not get any thing for over a year and a half. Federal holidays went unpaid, sick days unpaid, not allowed to sign up for medical insurance. I actually worked 22 months without a paid day off. This is a 40-hr a week office job at a large company that's in 3 countries.
They also paid the agency $11.32/hr for my position and when I got hired I only got $9.18/hr.
HR DOES NOT ANSWER ANYONE. So, over 2 years later I'm still wondering what are my rights? They have benefits in print but no one really gets them before about 18 months of working there.
http://edmamericas.com/careers/
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard. If you were hired as a FT employee then you should have been afforded all the benefits that all FT employees in your Classification were given. As to the wages, the minimum wage in PA is $7.25 an hour. So as long as you were paid at least that amount there is nothing illegal about that. Generally, when a Temp Agency is involved as a middle man, they are going to get more for you per hour because that is their fee for "finding" you so to speak and that is how the Temp Agency makes their money. And so once you are hired FT the salary of 9.18 is legal because they are no longer paying the agency. And because they are paying about the minimum wage, there is nothing legal.
Expert:  Samuel II replied 1 year ago.
If you feel that you have not been afforded the same benefits in the same time frame as all other employees in your classification, then I suggest you can discuss this with your HR or the local Dept of Labor(###) ###-####
Expert:  Samuel II replied 1 year ago.
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time.​Thank you