Do I have temporary rights?

As a temporary, contingent, or contract worker, you have the same rights at work as permanent employees. No one can discriminate against you in the American workplace. Neither the agency nor the contracted company where you work can violate your legal rights against your race, sex, gender, religion, color, national origin, age or disability. Both the agency you work for and the company you are referred to share the responsibility of making sure you are not exposed to unlawful discrimination.

Despite laws that protect all workers, many temporary workers face unlawful discrimination in the workplace and do so because they may not be fully aware of their rights in the workplace. Many of those who suffer such crimes against their rights do not know who to report. It is important that temporary workers know their rights and therefore demand the respect they deserve at work.

Am i temporary?

You are a temporary employee if you are employed by a temporary employment agency. Usually this interim recruiting company will place you at another company’s workplace to produce work. In this case, as soon as you start doing work that contributes to the profits of that company; both agency staff and management staff can supervise it. In the scheme of things, you are hired by another company. You can know who is in charge. Is it the agency or company you work for telling you what to do? The answer is this: As a temporary worker, it is safe to assume that both the agency and the company you are sent to work for are, in essence, your bosses. Therefore, if you encounter a problem at work, you must duly inform both parties. The rule is to report any and all issues first to the temp agency. The agency will generally deal with any issues with the company you send it to, but if it doesn’t do so to your satisfaction, you have the right to file a complaint with the next company, especially if your rights have been violated at work.

To further assess who is ultimately responsible for you as a temp worker, find out who is supplying the critical tools, materials, or equipment you will be working with. Do you work yourself in a private business or not? How do you get paid? Do you receive benefits? Since there can be many other factors that can make you a temporary worker, call the ERA (below) or other organizations for more information on your temporary employment status.

Remember: If you are discriminated against as a temporary worker, the responsibility may fall on both the agency that employs you and the company you were referred to. The agency must stop the discrimination immediately. In addition, the company you are sent to may be liable if it supervises and controls your work during your interim assignment. Ask yourself if the agency and the company share or divide functions.

Remember: if something goes wrong with your assignment, you have the right to go through your agency’s complaint process first. Write down the complaint and file the complaint with the Human Resources Department of both companies. If your complaint cannot be resolved, inform both parties that you intend to file a charge with a state or federal agency.

Follow the same rules that the regular fully employed worker follows when filing your state or federal claim. After exhausting all of the agency / company’s internal complaint procedure policies, speak with an employment attorney to learn more about how to exercise all of your rights. People who implement these laws as practicing professionals have a better understanding of how you can legally exercise your rights. Like the regular full-time employee, remember to document your case, keep abundant records, and keep paper records of work events.

Always use the company’s complaint or grievance process (first) to resolve any issues you may experience at work. You can call the ERA Advice and Advice Line at 1-800-839-4ERA to learn more about your temporary employee rights.

Great Employee Resources (Help) to Call Next NOTE: Check the Yellow Pages if numbers or locations change.

More state resources:

California Equal Employment Opportunity Commission (EEOC)

350 The Embarcadero Suite 500

San Francisco, CA 94105-1260

415-356-5100

Phone: 1-800-669-4000: Fax: 415-625-5609: TTY: 1-800-669-6820:

Director: Michael Baldonado

California Department of Fair Employment and Housing (DFEH)

30 Van Ness Ave., Suite # 3000

San Francisco, CA 94102

(800) 884-1684

Labor Law Center

Labor Rights Clinics

East Bay, South Bay, San Francisco

(415) 864-8208

La Raza Legal Center

Valencia Street 474, Suite # 295

San Francisco, CA 94103

(415) 575-3500

Chinese for affirmative action

17 Walter U. Lum Place

San Francisco, CA 94108

(415) 274-6750

(Chinese services available: Cantonese and Mandarin)

NOW Education and Legal Defense Fund

99 Hudson St., 12th floor

New York, NY 10013

(212) 925-6635

9 to 5 National Association of Working Women

231 West Wisconsin Avenue – Suite # 900

Milwaukee, WI 53203

(800) 522-0925

TEN BEST TEMPORARY AGENCIES

1. Adecco

2. Labor

3. Kelly Services

4. Olsten

5. Interim services

6. Aquent

7. Robert Half International

8. Westaff

9. OfficeTeam

10. AppleOne