Do temporary workers have any rights?

(MoneyWatch) If you need a job right now, temporary work is often a good route. Companies often are willing to hire you as a temp when they wouldn't hire you in a regular position.

But, it's not all a bed of roses. Temporary employees don't have any sense of job security. (Although employer can, generally, fire anyone, they usually do not. Almost all employers will work with a regular employee to solve problems before terminating the person.) They also do not work for the company they are assigned to, but rather, work for the temporary agency. In theory, that means the recruiter you deal with is your boss, not the person who tells you what to do every day.

But what rights do temporary workers have? Those supervising the work don't really care about the temp because they can be replaced. The recruiter you work with cares more about maintaining her contract with the company than making you happy. The end result can be a pretty miserable existence.

I asked employment attorney Donna Ballman, author of the upcoming Stand Up For Yourself Without Getting Fired, what rights temporary employees have. She said:

Temporary employees have rights too! The agency placing them can't agree to discriminate. For instance, if a store, during busy season, says, "I only want white girls in their 20s" the agency is supposed to refuse. Of course, that's hard to do when it's your customer. The company could also be liable, either as the employer or as a joint employer with the agency, depending on how the relationship is structured. Companies sometimes get into trouble thinking they aren't liable for discrimination against temporary workers. Wrong!

So, the same rules apply. In fact, the Equal Employment Opportunity Commission (EEOC) gives specific guidelines regarding temporary employees:

Staffing firm workers are generally covered under the anti- discrimination statutes. This is because they typically qualify as "employees" of the staffing firm, the client to whom they are assigned, or both. Thus, staffing firms and the clients to whom they assign workers may not discriminate against the workers on the basis of race, color, religion, sex, national origin, age, or disability.

So, what steps should you take if your are being illegally discriminated against as a temporary employee?

Speak up! No one can fix the problem if you don't say anything.

Report the problem to both your temporary agency and the correct management chain at your assignment. They may say, "You are not an employee, therefore you cannot have access to our HR department." Fine. Tell them that this is an FYI. If you believe you are the victim of illegal discrimination (and remember, general bullying is not illegal), write your complaint with the title of "Formal Complaint of [sexual/racial/pregnancy discrimination]."

If the problem isn't fixed by speaking up, then you need to go to the next phase.

Report it to the relevant government agency. Never, ever falsify your time card. If you worked the hours, record the hours. If they refuse to pay earned overtime, report it to the Department of Labor. If your boss is sexually harassing you, report it to the EEOC.

Consider asking to be reassigned. If you wait until it blows up, the temporary agency will be more interested in appeasing their client than helping you. Moving to a new position may allow you to maintain income.

Companies need to be aware of how their managers are treating their temporary employees. They are real people, covered by real laws.

[talltale326]

Down with temp work, Where im from its abused to often ive seen temporary workers that have been at the same place for over 10 years and in that time around 50+ workers have been hired on full time and guess what its favoritism. New hires are only on a week and sometimes they get full time its really crappy. Temp work should be banned. FULL time or no time, and i understand that some people dont have a choice but if you do please try your hardest for a full time job not going through a staffing agency. Here in iowa i worked at a factory and my boss was across the country sitting there in California makes alot of sense right?

[kmaritato]

As usual suzan you are living in your own world, not reality. In any temp job you have no rights, no one to complain to, no one cares. Your article on bullying showed me you "might" have been working with your eyes ans ears closed. Who is paying you to write these articles?

[scdwyer]

As the general counsel of the American Staffing Association and a former corporate employee of a staffing company, I take exception to the author's assertions. Staffing companies can be successful only if their temporary and contract employees are happy and productive. Nine out of 10 staffing employees would recommend temporary and contract work to a friend or relative. Their satisfaction ratings are far higher than for workers in traditional employment arrangements. Staffing employees have the same rights as all employees--they are protected by nondiscrimination, wage and hour, safety, and other labor and employment laws. One might even argue that they are afforded greater protection than other employees, since they often will have recourse against both their staffing firm and the client to which they are assigned. Moreover, members of ASA (visit americanstaffing.net) pledge to adhere to a code of ethics that further protects the interests of staffing employees. Staffing companies create jobs, provide employment flexibility, and help millions of workers bridge to permanent jobs.--Stephen Dwyer

[credibility2]

Temporary work also means no guarantees for employment. The hiring company gets a nice fee just for placing someone on a project. If you complain to the hiring agency about conditions or misrepresentation of the work to be done, you're usually taken off of the project. Working as a temp is a lousy way to make money and the companies one is placed in, the temp isn't always treated with any respect or appreciation. Technically, all workers are temporary hires.

[PrayOnJobs]

Before the economic collapse of 2008, a secret temporary move for workers were to jump from assignment-to-assignment and get a higher percentage raise through experience than a permanent worker. In one year during a good economy, a temp could get a 40% jump in salary, just from having multiple assignments with new skills, experience and training.

After 2008, assignment companies called for agencies to be more picky and thorough in their placement, particularly because of the scarcity of jobs and high unemployed college graduates. It become very common for $17-20 administrative assistant positions, to be pushed down to $12 an hour, requiring a degree.

Many temps don't work to get hired. (Of course, many do.) Prior to 2008 (or 2010 in healthier states) many temps worked to get experience, and move on. The "test trial" the companies in the same way, the assignment company did to them before hire.

Times have changed in 4 years, but the bullying stays the same, and it's even more elusive when reporting it from the temp's point of view.

Contingency work is the future. Something must happen.