Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I have a small Temporary Employment Agency where my clients

tells us they need someone...
I have a small Temporary Employment Agency where my clients tells us they need someone on a temporary basis (working 40 hrs/week M-F 9-5) at there site. These are senior computer related positions and go for multiple years. We find candidates for them, they interview and if they like, they give us a go ahead. Client pay us a fixed hourly rate for this candidate, we in turn pay a salary (around 110K per year) to this selected candidate and benefits (paid vacation days, medical ins), and keep the difference as our profit. This profit is normally around $10/hr. Once the Client temporary work is over (it can go multiple years, quite common) the candidate is no longer on our payroll and finds another job / files for unemployment.

My question is if we hire someone for above position who falls under USERRA, and if the person is asked to go on duty for 3 months, what is our responsibility. Since this candidate has no employment with our client, client is not obligated to take him back as contractor. And we cannot use his services as we are not a computer company but just a temp placement agency. We have only 7 people on our payroll so we are not big enough to even absorb the persons cost.
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
6/4/2013
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,252
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
Verified

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

Since he is hired as an employee,

wallstreetfighter :

you would be liable under the law, to keep his job open when he returns,

wallstreetfighter :

and provide 24 months of health insurance,

wallstreetfighter :

you are not required to pay a salary,

Customer:

- what options do we have, since though we have hired him, he is working at our client site full time and not our facility

Customer:

and he has only been hired after client has interviewed and pproved him

wallstreetfighter :

This is a problem, unless you can work out an arrangement with the client to hire him as an employee, you are obligated under Federal law as the employer

wallstreetfighter :

if he is deployed,

wallstreetfighter :

the client would not be coevered,

wallstreetfighter :

so when he returns,

wallstreetfighter :

you would have to pay him even if he has no client, and that will be an issue,

Customer:

however we do not internally have such positions, so where will we hire such a senior computer specialist. All our internal staff consists of is administrative personnel and recruiters.

wallstreetfighter :

You would hire him, and if you do not have a client for him when he returns,

wallstreetfighter :

he can be terminated as there is no lack of employment,

wallstreetfighter :

What you need to do is have a contract written for him that states he will only be paid once a client accepts his employment, and that you are a staffing company only,

wallstreetfighter :

  1. Be aware, the law allows an exception of the requirement to hire him to the same position, under the law, you can show that the prior employment was for a “brief and nonrecurrent period” and could not reasonably be expected to continue indefinitely or for a significant period

wallstreetfighter :

If you can show this, where in your case you could, you would be fine

Customer:

Thats great.

Customer:

Just to make it easier, would it help our case if we pay him an hourly rate on W2 .. say $50/hr of work done at our client on W2 + medical insurance, instead of a fixed yearly salary.

wallstreetfighter :

I would still have the employees sign a contract stating that you are a staffing company, and wages are paid as per client approval only. Also mention if there is no work or clients, they will not be paid.

Customer:

Absolutely

wallstreetfighter :

Yes, that would be better, however have him sign a contract,

Customer:

You mentioned about medical insurance to be paid for 24 months, now who would pay for this medical insurance, as such as compnay policy is that We pay 10% of the premium and Employee pays 90% of the premium (deducted pre-tax from there pay)

wallstreetfighter :

USERRA gives an employee the right to elect continued health insurance coverage, for himself or herself and his or her dependents, during periods of military service. For periods of up to 30 days of training or service, the employer can require the person to pay only the normal employee share, if any, of the cost of such coverage. For longer tours, the employer is permitted to charge the person up to 102 percent of the entire premium. If the employee elects coverage, the right to that coverage ends on the day after the deadline for him or her to apply for reemployment or 24 months after the absence from the civilian job began, whichever comes first.


USERRA gives an employee and previously covered dependents the right to immediate reinstatement of civilian health insurance coverage upon return to the civilian job. The health plan cannot impose a waiting period and cannot exclude the returning employee based on preexisting conditions (other than for those conditions determined by the Federal government to be service-connected). This right is not contingent on an election to continue coverage during the period of service. (Section 4317)

Customer:

So this means, that our employee will pay 90% premium (as per our company policy) for 30 days, and than he will pay 102% (max) for the medical ins.

wallstreetfighter :

yes,

Customer:

Thank you so much, you are very thorough.

wallstreetfighter :

good luck, and if you have any questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback,

wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,252
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
Verified
wallstreetfighter and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask wallstreetfighter Your Own Question
wallstreetfighter
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,252
17,252 Satisfied Customers
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits

wallstreetfighter is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Was reciently in an interview process and was not selected
was reciently in an interview process and was not selected for the job. Feel like I have been discriminated against because of my age/appearance. not sure if I would have a case or how to persue … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am filing for unemployment but have no wage earned other
I am filing for unemployment but have no wage earned other than workers compensation. how do I file as well get that information … read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
Not gettng paid weekly payroll check. With a manager who
with a manager who told him there was a gliche in the system … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I did a working interview while on unemployment and claimed
I did a working interview while on unemployment and claimed it and now have to open up a new claim. I'm fearful I will now not receive my benefits … read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
Case Description Employer will not pay payroll that is owed
Case Description Employer will not pay payroll that is owed and has already billed company for work completed, continues to not pay wages to me and has been avoiding paying it on multiple requests, cu… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am doing my nj unemployment claims examiner interview
I am doing my nj unemployment claims examiner interview today … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My daughter is on unemployment in OR and went out of the
my daughter is on unemployment in OR and went out of the country for 10 days. Will her unemployment be stopped? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,659 satisfied customers
I applied for and interviewed for a job in the mental health
I applied for and interviewed for a job in the mental health field as a TSS for a BHRS agency. I am overqualified for the position as I am a certified teacher with a Bachelor's degree. I have a ton of… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,189 satisfied customers
I have a question regarding over payment of unemployment
I have a question regarding over payment of unemployment benefits due to my past employers mistake. They reported my income to the state of Texas when I worked and lived in Florida. Florida originally… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question about unemployment benefits in Texas.
i have a question about unemployment benefits in Texas … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Payroll payment dates: If payday occurs on a Saturday or
payroll payment dates: If payday occurs on a Saturday or Sunday should pay be made on Friday, i.e. - a day or two before the date ? With reference to this weekend, Monday is a banking holiday. Does PA… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
Is severance pay subject to unemployment taxes for an
Hi Pearl. Is severance pay subject to unemployment taxes for an employer in NM? … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
I am trying to find out wage violations (non-payment) for
Good afternoon. I am trying to find out wage violations (non-payment) for the state of Florida. Can you point me in the right direction or answer some questions? Thanks! … read more
KJL LAW
KJL LAW
Juris Doctorate
1,626 satisfied customers
My employee who works with payroll figured out commisions
My employee who works with payroll figured out commisions innacurately for a year overpaying them. I just had to fill in to do payroll and discovered this she already told these employees what the bas… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was inquiring about an employee wage overpayment
I was inquiring about an employee wage overpayment obligation … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In Colorado, what payroll information must employers provide
In Colorado, what payroll information must employers provide employees? In this case the employee is eligible for tips in addition to salary. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
Have an unemployment claims interview scheduled for tomorrow
have an unemployment claims interview scheduled for tomorrow morning and was looking to see what to expect. I noticed that if I am ruled fired for misconduct you do not receive benefits. The explanati… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Should I accept a company who violated userra, their offer
Should I accept a company who violated userra, their offer to pay what they should've paid. Or should I refuse this offer and take the matter to federal court in new mexico… read more
BusinessResourceLaw
BusinessResourceLaw
Principal/Attorney at Law
JD
14 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x