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Human Resources/Temporary Employee

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QUESTION: Hello,

I was reading your answer from "http://en.allexperts.com/q/Human-Resources-2866/2009/4/Temporary-Employee.htm" and I was wandering about a few about a few things.

What if the say it is a temp to perm job and that the standard time is 3-6 month. Then they also say at a later date that even after 6 months, they can still leave you as a temp.

What is the employer has no employee handbook to refer to.

What if in the interview, they lead you to believe that you will be made perm in 3 months and they the pay will be at one level then when HR contacts you for the job, they have changed the agreement and then come back at a later date and say the hiring manager had no rights to say or even employ anything.

ANSWER: Scott,

When you work as a "temp" you are employed by the staffing agency.  It is possible  a person can remain a temp on the temp staffing agency's payroll for  a while longer than 12, 15 or more weeks.  It is also possible the temp can be laid off early if the scope of the job changes, the job is cancelled or the job simply ends or the temp may even be fired by the agency and not allowed to report to work for different good reasons.  Some temp employees although they are promised a temp to hire job may not ever get hired-- it all depends on different circumstances and also the ethics of the staffing company and the Client worksite.  Of course if every employee was promised their job was temp to hire, this would be a lie as not every temp will become temp to hire for many different reasons.    Some temp jobs are only for a few weeks or a short defined project.

Also it is possible the worksite employer where the temp is assigned can  decide after 3 or 6 months NOT to take the temp onto their in-house payroll and remains a long term temp.   Recent laws address "permanent temps" but that is another topic-- feel free to google it...      In essence , the employee going temp to hire would be changing employers from the staffing agency to the worksite employer.   The Worksite employer-- ot Client of the agency can possibly decide not to make this temp-to-hire offer and just keep the employee on the temp agency payroll.

Also, jobs and pay rates may change from time to time and are never set in stone.    So, if you are promised a rate of pay and then the rate changes, you can get an idea of whether this company has their act together or is professional enough for you to want to work there.   I'm not totally sure what your question is and what you are trying to find out in the last paragraph  -  sorry...   

The employee handbook would not matter much in my opinion in this example.

So, in the end,  whether you are hired by the temp agency or the Client company--  or any company for that matter,  be sure you know how much you are being paid per hour or salary and make sure your pay is correct.   Sometimes mistakes happen, and if in the worst case you were not told the truth then you should think about how ethical the company is and go elsewhere with your talents.

You have control over where you work and your earning potential.

Brian Phillips


---------- FOLLOW-UP ----------

QUESTION: OK, but what if you are hired not through a temp agency but as a direct hire. I was told that it would be a temp to perm with 3-6 months and that it would most likely be 3. Then HR tell me later that anything the hiring manager said does not mean a thing and that HR has the last word in both making someone perm and they can choose to leave me perm for ever.

Answer
Scott,

It is all possible.   For this reason, it is good to get your job offer in writing and from the person who has the authorization to make the offer.

I think you are using the terminology of  "Temp to hire" when you might really mean you were hired on a probationary period.    "Temp to hire" is used by the staffing industry-- not Companies unless they are hiring their OWN TEMPORARY staff.   This is also a possibility.  If this is the case,  Company ABC who hired you as an inhouse temp without using an agency may only plan to keep you on board for a specific period of time or for a project--- or maybe they will make you an offer to convert.    Bottom line is you and I would both need a crystal ball to know what the truth is.

Not much more I can advise you in this situation.  It is all up to you and the employer to work it out.  The fact is YES-- even if the HR manager offered you the job as full time "permanent "  as you described it,  the HR department could still keep you on probationary period or whatever if they want to.   

Unless you have an employment contract, and likely you dont, then there is not much you can do about  being  "perm",  "temp"  or somewhere in between.

PS-- no job is "permanent"

I wish you success .

Brian

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Brian Phillips

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Foreign and US university students -*PLEASE*- DO NOT waste your time asking for my opinions, comments or analysis of your homework questions. Homework questions are not answered and are rejected. I am happy to help answer questions asked by employees and employers regarding United States based state and Federal wage and hour, OT, Fair labor standards, FMLA, COBRA, Recruiting, Interviewing techniques, employee manuals, discipline, terminations/quits, unemployment, HRIS rollout, Employee Leasing or Staffing company cost analysis, day to day scenarios, work situations and more. Essentially a well rounded HR generalist who operates Harvis, Inc., a human resource consulting and service business based in Northeastern Pennsylvania "NEPA". http://www.harvis.org

Experience

At Harvis, Inc., we provide Human Resource products, services and advice to small businesses that may not have the time or resources to hire a full time HR department. For larger companies with HR managers in place, we compliment their expertise to help with time consuming or time sensitive projects like updating policy manuals, screening and interviewing and more. We make workplaces better by becoming that 1/2 person they need to help handle HR responsibilities on a daily, weekly or monthly basis. Formerly responsible for all Human Resource activity for a staffing agency with 2,500 annual employees as well as an employee leasing / PEO business with 1,500 annual employees. Designed and implemented the HR structure to support hundreds of clients in excess of $ 500 million in payroll volume over career in Human Resources.

Organizations
* President 2006- Harvis Inc. HR Services * President 2010-13 Business Association of the Greater Shickshinny Area - Shickshinny PA * President 2013- ShickshinnyForward Not for Profit Community Long Term Revitalization Organization and former member of varios Chambers of Commerce and HR Taskforce, former President of NBC Business Club 2 years

Education/Credentials
Bloomsburg University - 1993 BS Marketing, Bloomsburg Pennsylvania and Luzerne County Community College - 1991 Business Administration, Nanticoke Pennsylvania

Awards and Honors
* Better than average - 20/10 vision * Bestowed with an occasional "Thank You" from clients and their employees.

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