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Temporary Employee Rights

What is a temporary employee?

Temporary employees are hired to assist employers to meet business demands yet allow the employer to avoid the cost of hiring a regular employee. Sometimes, it is the expectation of the employer that if the temporary employee is successful, the temporary employee will be hired. There may be other factors that can make you a temporary employee. Many times the difference between a permanent employee and a temporary employee may cause questions to be raised. Read below the top five temporary employee rights questions that have been answered by the Experts.

What rights are violated when a temporary employee is asked to train his replacement?

This would depend upon who hired the replacement. If it's the temporary employment agency, then no rights are violated. If it's the employer to whom the temporary employee is contracted to, then the act of placing the temporary employee in a supervisory position over the internal replacement could be construed as treating the temp as an employee, and that would entitle the temporary employee to all of the benefits of an internal employee -- retroactive to the beginning of employment: health benefits, stock options, equal pay, etc.

If a business hires a temporary employee that takes notes about other employees and customers, can the temporary employee be terminated?

Since the temporary employee is just that, the employee can be fired in most situations for taking notes on other employees and customers. However, the employer should give them a verbal or written warning in a good faith practice, although the employer is not mandated to do so. Most employees regardless of whether they are temporary or permanent are considered “at will’ and can be terminated for any reason.

Is there a 1000 hour work limit for a temporary employee to become a permanent employee within the company?

There is no arbitrary 1,000 hour limit that requires an employer to do anything concerning an employee. The only law that uses aggregate hours as a measurement is the federal Family Medical and Leave Act, which requires that an employer with 50 or more employees within 75 miles of an employee's worksite, must provide job reinstatement to an employee who requests leave for a serious illness or disability or to care for a close family member, if the employee has worked at least 1,250 hours and 12 months for the employer. As for terminating an employee who has worked 1,000+ hours, the employer is free to do so without any liability.

Does Missouri pay unemployment benefits to "temporary" employees that work thru temp agency?

Often in the state of Missouri temp agents will base it on if the employee has earnings from employers who paid into the unemployment compensation system. So either each of the employers who hired the employee through the agency paid into the system and/or the agency paid into the system - depending on who writes the checks to the employee.

What rights does a temporary employee have against a temporary employer that was hired through a staffing agency if the employee feels like they have been discriminated because of age?

If there is age/race discrimination, even against a temporary employer, it is actionable with a complaint to the Equal Employment Opportunity Commission (EEOC). The biggest thing is proving that this was actually the employer, and then the discrimination claim can move forward. If the employee worked for a temporary agency they may have the issue of dual employer or shared employee status or borrowed employee status, which still protects the employee from discrimination. The employee needs to make the first complaint to the EEOC or state commission on human/civil rights and the EEOC will have to investigate as part of the rule that the employee must exhaust administrative remedies and then the EEOC have to issue the employee a right to sue letter for the employee to proceed to court.

Hiring temporary employees serves a business purpose for the company and the objective is to hire temps rather than taking on the cost of a regular employee. Temporary employees allow employers to maintain a cushion of some job security in employment for regular workers. The temporary employees can be let go first in a business or economic downturn and thus cause many unanswered questions. If you are a temporary employee and are not sure of your temporary employee rights, contact the Experts to help answer your questions.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8091
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
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3 Employment Lawyers are Online Now

How JustAnswer Works:

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    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
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Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Temporary Questions

  • My son is 17 and works at a local starbucks in East Hampton,

    My son is 17 and works at a local starbucks in East Hampton, NY. He attends school and is on the wrestling team. When he gave his manager his wrestling schedule which has just started, she told him that he may have to quit because if someone else has asked for that time off, he will be scheduled to work. He has practice 6 days a week and many after school matches and a few tournaments. My question is, because he is a 17 year old student, involved in a school activity, does the employer have the right to tell him to quit his sport or be fired? He also sometimes only works 13-20 hours a week currently and there are about 15 Employees in this location.
  • The banking firm I have worked at for 9 years is cutting my

    The banking firm I have worked at for 9 years is cutting my hours to less than 30 hours a week due to Obamacare. I have averaged over 35 hour a week for more than 4 years now. Is there anything I can do to stop them from cutting my hours?
  • While in treatment, my boss revealed, to my staff, that I was an alcoholic and recieving t

    While in treatment, my boss revealed, to my staff, that I was an alcoholic and recieving treatment in a rehabilition facility. I am an Assistant General Manager of a restaurant. Do I have a claim?
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