Temp Employee Benefits

[maverick4u]

What is the name of your state (only U.S. law)? Illinois

I am a "Temporary" employee of a firm that does contract work for a Fortune 500 company here in Illinois. (The reason I put Temporary in quotes is that this Fortune 500 company outsourced this entire area of their operations and our contract is renewed every year. I am then a "permanent" at will employee of this outsoucing firm)

About a year ago this outsourcing firm bought another outsourcing firm and we were switched over to this new firm. That is, we are now at will employees of this new firm-albeit this new firm is now a subsidiary of the parent firm that bought them. We were required to get new badges reflecting our affiliation with this new firm and were now considered part of their group.

In talking with other employees of this new firm that we were transitioned to (people who were already employees of this firm we were transitioned to BEFORE the takeover) we discovered that their benefit program was different from ours-especially when it came to vacation benefits. We both received 80 hrs. of PTO (paid time off) but they also recieved two floating days and five sick days that they could use at their discretion.

My question is since we were transitioned to this new firm a year ago shouldn't we also be entitled to the same benefits that everybody else gets? Can they legally give one set of employees a different group of benefits they give another set of employees? Now they are talking about changing our benefits starting 01/09 but still shoudn't we ge "back" benefits for the year of service we just did?

 

[JETX]

My question is since we were transitioned to this new firm a year ago shouldn't we also be entitled to the same benefits that everybody else gets? Can they legally give one set of employees a different group of benefits they give another set of employees? Now they are talking about changing our benefits starting 01/09 but still shoudn't we ge "back" benefits for the year of service we just did?

Only your employer can answer your questions.... however, there is NO statutory obligation to 'equalize' employees.

 

[cbg]

Having just a couple of years ago been through the merging of a benefit plan when two law firms merged, I am here to tell you it is no picnic and may take a while to get a single plan. In the meantime, there is nothing whatsoever requiring that you have the same benefits or that you get "back" benefits.

 

[maverick4u]

Benefit Discrimination

Ok-so does that mean they can hire say "Joe" today and give him 3 weeks paid vacation and then hire "Mary" next week but only give her 2 weeks vacation and no dental plan? We all work for the same company (and have for a year). It just seems like a type of discrimination to me.

 

[JETX]

Ok-so does that mean they can hire say "Joe" today and give him 3 weeks paid vacation and then hire "Mary" next week but only give her 2 weeks vacation and no dental plan?

Yes.... but that isn't your situation.

We all work for the same company (and have for a year). It just seems like a type of discrimination to me.

It's not.

 

[cbg]

Ok-so does that mean they can hire say "Joe" today and give him 3 weeks paid vacation and then hire "Mary" next week but only give her 2 weeks vacation and no dental plan?

In some situations yes, it does; if, for example, Joe is a high level executive and Mary a low level clerk, and the extra weeks vacation and dental plan are only available to executives (which IS legal).

However, that is not the case here. In this case, "legacy" staff from one company and "legacy" staff from the other company have two different sets of benefits. And that's legal too.

Contrary to what too many people believe, no law anywhere in the United States says that everyone working for the same company has to get the same set of benefits. The law only says that differences in benefits cannot be based in race, religion, national origin and other characteristics protected by law. Which company in a merger you worked for is not a protected characteristic.