Q. We're a surveying company and often use temporary workers on big projects. We recently rejected a candidate sent by the temp agency. Now, the candidate is threatening to sue, saying we discriminated against her because of her accent. Can she sue us even though she was employed by the temp agency, not by us? —M.L., Maryland
A. If your company and the temp agency are “joint employers,” your company may be on the hook for employment law claims brought by the temp workers. Joint employment generally occurs when two or more businesses exercise control over the same employee. Your situation is the most common example of joint employment.
To determine if a joint-employment relationship exists, courts and federal agencies have relied on the following evidence: (1) an agreement to share employees' services; (2) an employer acts directly or indirectly in the interest of the other employer in relation to the employees; and (3) two employers share control of an employee.
To avoid such liability, make sure the agreement between you and the temp agency includes a comprehensive indemnity agreement that says the temp agency will effectively indemnify and hold harmless your company if a temp employee files a claim.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/315/include-indemnity-statement-in-temp-agency-contracts "