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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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Is there is a time limit a EEOC claim? Can a PEO

Customer Question

Is there is a time limit for filing a EEOC claim?
Can a PEO "co-employer" be used to determine the threshold number of employees for an EEOC claim?
Submitted: 1 year ago.
Category: Employment Law
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
Sorry...what do you mean by
Can a PEO "co-employer"
Are you referring to a "staffing agency"...temporary employees?
Customer: replied 1 year ago.
The PEO is TriNet which described itself to me in its online literature as my "co-employer." This is also the way my full-time regular-salary small business employer described the relationship when it began. TriNet provided paychecks and the human resource benefits of a larger employer including presumably resources for accommodation, counseling, etc. I had no interaction with TriNet except to request a health insurance card. Nevertheless they facilitated my termination by the small business by ending my pay and benefits upon instruction by my small business employer without any questions asked or without any offers of alternative remedies.
Expert:  P. Simmons replied 1 year ago.
So is the claim against trinet or against the larger employer?
Customer: replied 1 year ago.
My age and disability claim is prospective but it would be against either the small business or TriNet or the combination of small business + TriNet. The issue is the minimum number of employee threshold. The small business had only 7 employees at the time of my termination whereas TriNet is apparently much larger.I have read online about the concept of "joint liability" especially since TriNet facilitated the wrongful termination or failed to act in providing accommodation. Additionally I have seen online a court document where a judge ruled that TriNet and a small business were "inextricably entwined" in their business operations and thus when combined they met the minimum employee threshold. Accordingly complaints could be brought against both entities.What is your expert opinion?
Expert:  P. Simmons replied 1 year ago.

Did you provide a request for reasonable accommodation to TriNet?