Temporary Employment

I am considered a temporary employee. This basically measn I have no benefits and do not acquire seniority. I have been a temp for 14 months. At some point, does my company have to convert me to a permanent/ seniority employee? or could they keep me as a temp forever. Thank You for your assistance.

1 answer  |  asked Nov 29, 2007 4:34 PM [EST]  |  applies to Ohio

Answers (1)

Nancy Grim
Temporary not a legal category

I am sorry to tell you that "temporary employee" is not a distinct legal category without knowing more about the particular context.
In general, an employer is not required to accord seniority rights, or health or retirement benefits to any employee, whether "permanent" or "temporary".
However, there is a law, ERISA (Employee Retirement Income Security Act) which requires employers to comply with their own rules if they set up a benefit program. If your employer has an ERISA-qualified benefit plan (healthcare or retirement) it is possible that keeping you in a "temporary" class is a ruse to avoid compliance with the ERISA plan. It is also possible that this would be considered a legitimate distinction. An employment attorney would need to look closely at the facts in your situation, including the benefit plans that your company offers.

posted by Nancy Grim  |  Nov 30, 2007 10:21 AM [EST]

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