If a temp isn’t doing a good job, don’t expect improvement if you bring her aboard permanently.
When considering converting temporary employees into permanent staff members, you don’t have to accept an application from someone who has already proven herself to be a poor worker.
Recent case: Yue took a job as a temporary marketing research consultant. Soon, complaints streamed in about her performance, along with some limited praise. When the company decided to hire a permanent consultant, it had already decided not to renew Yue’s contract.
Still, she expressed interest in the position. She wasn’t allowed to apply and sued, alleging race and national-origin discrimination.
The court rejected her claim, reasoning that the employer was within its rights to reject an application from someone that it had already deemed a poor match by previous evaluations. (Yue v. McGrath, et al., No. 14-1842, 3rd Cir., 2014)
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