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| *Ostroff, Fair and Company>>>Law & Legal |
Temp worker for almost 2 years - This LEGAL?? |
My husband has worked through a temp agency for almost 2 years. He is contracted to work at Honda of SC. He has had perfect attendance - good work ethic, etc. Now they are saying that he will be layed off in September because his 2 years temp. contract will be up. They aren't hiring any of their temps, only work them to death, then let them go. IS THIS LEGAL? He has had NO benefits, NO paid vacation, NO holiday pay since he has been there. It seems illegal to have someone hang on for 2 years just to say "we're not hiring, sorry". Is there anything we can do??? If he is as good as you say he is, have him apply as a permanent worker at this facility. Something, it seems to me, he should have done after the first six months. If he had done that, his probation would have been over with when he became a full time employee and he would have immediately started getting all the benefits every other worker was getting. Now about the only thing he can do, if he doesn't apply now, is to find another job in a related field. I hate to say it but it is legal. The government looks at it as you knew you were a temporary employee when you entered into a contract with the business. Your husband should be able to file for unemployment which is probably the only positive thing about the situation. Where I live a very famous candy company tends to keep people as temps for as long as 10 years and are constantly laying them off. There just isn't any legal recourse to solve it though because they get you when they hire you as temp. I hate to say it, but temps are just fodder for the company. But, his temp agency (K Force or Kelley Services or whatever) should have offered him health and dental insurance, vacation time, etc. This was the case for me (as a KForce temp). Yes, the company where he was temping can let him go (that's one of the perks of having temps - the company can let them go whenever). I wish you guys luck - our economy is down in the dumps. Former temp worker Essentially he was a contract employee for 2 years and the contract is now up (yes this is legal). Because he had no benefits he hopefully received more pay - that typically how contracting work (ie the company has to pay more to keep the employees since they havev no benefits). Even though they so they are not hiring, I'd suggest he goes to whomever he reports to and asks them if they would hire him on seperately. If he's really doing a good job they may be willing. Note that he may not get paid as much but get better benefits if they agree to this. Otherwise time to go out and look job a new job. Best luck. Companys can and will do allsorts these days. Anything to save them money. Legally there is nothing he can do. He was a contract employee and no matter how great of a worker he was, the contract had an end date. The employer honored the end date of the contract and has even told him that his contract will not be renewed in plenty of time for him to get another job. The temp agency that he is working for may be able to provide him with another assignment. |
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