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Hire or Fire ?

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saggioculo

Junior Member
What is the name of your state (only U.S. law)? NJ: Having received such great advice the the "Landlord and Tenant" forum I thought I'd jump over to this forum to get advice on an employment issue.
I was wondering if anyone knows if there is such a law in regards to temp workers where if they work at the same company, doing the same job for two or more years that the company has to offer them a permanent position. I kind of thought I read that somewhere but of course I can't find it again and I wasn't sure if that applied to all states or not. My mother has worked for a well known large company for seven years with limited benefits as a temp worker. Has anyone heard of such a law where the company must hire the temp worker if they work in the same position for over two years? Again this is in New Jersey.
Thanks for the help!!
Anne:confused
 


eerelations

Senior Member
There is no such law.

However, if by "temp" you mean independent contractor (i.e., she gets paid by submitting invoices, not via payroll), there may be something your mother can do. What's your mother's job?
 

saggioculo

Junior Member
There is no such law.

However, if by "temp" you mean independent contractor (i.e., she gets paid by submitting invoices, not via payroll), there may be something your mother can do. What's your mother's job?
My mother went to a employment service which found her a "temp" job at a large pharmaceutical company. She has a contract (or the employment agency has a contract) with the company. Once the contract is up the pharm company changes the name of the position my mother was doing to something else and renews the contract. While the job title is different she is still doing the same job. She does submit a time card to the employment agency who then pays her.
 

ecmst12

Senior Member
She's not an IC, she's an employee of the temp agency. Whether or not she can be hired on permanently depends on if the client company WANTS to, and if they do, the details of their contract with the temp agency. Those contracts typically PROHIBIT the client company from hiring the temp directly BEFORE a certain amount of time has passed (and 2 years is a common limit), but they certainly don't REQUIRE that the temp be hired directly after that time has passed. The temp agency would like nothing more then to keep the temp as a temp indefinitely since they make money off the contract, so if that is what the client company is willing to do, no one is going to stop them.
 

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