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Temporary Employee

Dealing with a class action? Discuss it here

Temporary Employee

Postby Inerney » Sat Dec 17, 2016 2:40 am

I have been working for a company in California as a temporary employee for over 14 months. I do not get any benefits from my employer; even though I work 5 days a week, 40 hours a week and work the same amount of overtime as the permanent employees. I am not employed through a temp agency. I do the same jobs as the permanent employees. My HR manager says the company has the right to keep me as a temporary employee as long as they feel fit. Is she correct about this? I feel being here 14 months is no longer a temporary job. By the way, the total number of employees at my job is 9 permanent employees and 2 temps.
Posts: 49
Joined: Mon Jan 13, 2014 10:04 pm

Temporary Employee

Postby Muata » Sun Dec 25, 2016 12:36 am


You may not like what I have to tell you-  I am not an expert in California Employment regs, but I am pretty sure this will apply to you.

First, I will tell you what I think you "are not".    Do a search for the term    permatemp     or    permanent temporary    on Google.    You will see a lot of action there for companies like Hewitt Packard and Verizon and others where they use a staffing company to avoid the class requirements to offer benefits.  Under this assumption,  the employees, through a temporary staffing agency, are employees of that agency, and are not "eligible" for the benefits of the client for which they were offered employment and accepted.

In this case, many people work for months or years through Agencies at one worksite and never get benefits- so they are starting class action law suits to try and demonstrate they are, in fact, being discriminated against for the "employer swapping" concept to exclude their benefits.   Microsoft settled a suit a while back for using permatemps for something like 93 million

This is NOT your situation though....

Your employer is "smart" enough not to pay the high markups associated with using a temporary Agency and decided to add  Temporary to their own in-house classes of hired employees.   You are what I refer to as an  "in-house temporary employee".  I bet if you look in your employee manual,  it will say there are  full time, part time and temporary classes of employees.   It probably also specifically notes temporary employees and maybe even part time employees are not entitled to benefits.    If this is not in your employee manual as a written policy, then maybe a California lawyer can help you out somehow-  or you can take the road I suggest below.

I am sorry, but I think you accepted the job as a temporary employee, hoping it would transform into a full time position.  I support the HR person's opinion that they COULD keep you as a temporary class employee and never - ever- change your status.   Here is something you can do.

1-  Tell them you love the company, but you need to take action for your best interests.  Tell them you more than proved yourself and your ability and now you need benefits and if they don't change your status from temporary to Full time  , you will need to think about whether this company is in your best long term employment interests.

2-  Don't just walk in there 10 minutes from now and say this !!

3-  BE PREPARED FOR ANYTHING  including them saying,  I'm sorry you feel that way,  there's the door,  or  Okay- we'll discuss it at the meeting,  or  something else.

I think you were hopeful your work ethics and dedication would be noticed and you would have earned a "promotion" from temporary status to Full time status.    To me, as an HR person,  that would be like expecting to be promoted from part time to full time.   It just doesn't happen that way.   I hire temps to be temps,  part time employees to be part time, and full time to be full time.  There is no intermingling of the classes- hence the idea of "classes of employees".

I hope you can make a good case to ask for a full time classification and if not, you have resources available to find the company who will hire you as full time and include all associated perks and benefits.   DON'T SETTLE FOR LESS THAN YOU ARE WORTH and NEVER AGREE to be hired as a temporary employee- unless you are working at a TEMP AGENCY !!

Do well,

Brian Phillips

Posts: 36
Joined: Thu Mar 20, 2014 1:16 am

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