Temporary Employment Laws
What is “Temporary Employment”?
Temporary employment usually refers to an employment arrangement that is intended to terminate or expire in the future. The ending of the employment arrangement may occur in connection with time, such as after a six-month period, one year, etc. It may also terminate due to the fulfilling of certain circumstances or events, such as the completion of a construction project.
Is Temporary Employment the Same as Part-Time Employment?
Temporary employment is not the same thing as part-time employment. Part time employment and full-time employment usually refer to the number of hours worked during a week. For instance, full-time employment is usually considered to be 40 hours a week, while part-time is anything less than 40 hours a week.
Temporary employment has more to do with how long the overall employment arrangement lasts. Thus, a person can be a temporary employee, but may be working either part-time or full-time work weeks. Also, temporary employment is usually contrasted with “permanent employment”, meaning that the worker will not be terminated until retirement.
What are Some Different Types of Legal Claims Associated With Temporary Employment?
Temporary employment arrangements are associated with very specific types of legal claims. These can include:
- Discrimination (non-permanent workers may face discrimination especially when it comes to benefits, advancement, or retirement options)
- Wage and hour claims (disputes over how much the employee is paid)
- Overtime pay exemption issues
- Wrongful termination due to breach of employment contract
A common dispute is where the employee is terminated before the conditions of employment are satisfied (for instance, if they are supposed to work for at least 6 months but are terminated at only 5 months). This may require an analysis of the employment contract to determine if there has been a violation.
Legal remedies may include a damages award for the plaintiff and/or the requirement that they be reinstated to their previous job title.
Do I Need a Lawyer for Assistance With Temporary Employment Laws?
Temporary employment laws are meant to protect both the worker and the employer from violations. Due to the nature of such laws, employment dispute can sometimes be complex. You may wish to hire a lawyer if you need assistance with any type of employment matters or employment dispute. Your attorney can provide you with valuable legal representation and advice throughout the course of your lawsuit.
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Last Modified: 08-14-2013 02:34 PM PDT
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