permatemp?!?

Question

i've been placed through a temporary staffing agency at a position with a county agency in california (with whom i had to interview to get the job). i've now held this position for over three years. i would like to know what regulations (if any) are in place that might see my position becoming permanent.

my department has expanded in numbers since i've been here (with numerous other temps being hired), but i've been told that since i work out of a field office rather than the main office that those positions are not transferrable and not to apply. when i have applied anyway and gone in for interviews, i was told each time that the position was not for my area, and that it would not be awarded to me.

at my job site, there is one permanent employee and myself. because of job restrictions, the site requires two people on staff at all times.

are there any courses of action at my disposal, or is it entirely possible that i might be a temp for the next ten or more years?

Answer 1

Wow... that's a long time to be a temp!

I would check with your local Labor & Industries office to find out what you can do.

Outside of that, I know that companies typically pay more for temp services than they do when they hire, HOWEVER... they don't have to pay benefits for that person, so the overall cost is lower. For instance, when I was temping for the job I'm at now (temped for 3mo, perm for 9yrs), they were paying the temp agency $12/hr (of which the temp agency paid me $8). When I was hired as a permanent employee, I made $9, so I made more and the company paid less. However they also have to pay for all my benefits.

I know that in most cases, companies also have to "buy" employees FROM the temp agency if they want to hire them permanently. The cost to the company varies, but in some cases can be quite a bit. My boss was up front with me at the time and said told me that our Corp. office had "issues" with paying such a fee to get me. Luckily for me, they agency had supplied a bad temp in the past, so they gave my employer a great deal on me. :)

Anyway, I know that's not entirely helpful for your question... but I hope it helps some. Since laws in your state will be different than elsewhere, I think L&I will be your best bet though. Good luck!

Answer 2

At this point, you can actually be classified as an employee. A US company needs to be very careful how it classifies it's workers.

After three years of work directed by the employing firm (ie you don't report into a seperate external manager), you would easily be considered an employee under IRS rules. I'm assuming higher benefits or compensation exists as an employee, and as such you'd be entitled to the value of those.

A good example is Microsoft's 97 million dollar loss in it's 'PermaTemp' case. Talk to a lawyer, and really value what you could get. Bringing up that your employer is breaking the law can shorten your career path...

Answer 3

Have you checked with your temporary agency? Perhaps they would be able to assist you with this. If you are happy with what you are doing I would continue working with this company. Perhaps they do not have the budget to hire you as a permanent employee. But they must like what you are doing or you wouldn't have had this position for three years.

Answer 4

http://www.sunwings.co.uk answer is here