A Staffing Services agency assists employers by matching employees for a fee. The services agency performs the primary job that is involved in the hiring process, including finding the correct employee and documenting the legal terms and conditions. They may also screen professionals and perform reference checks, criminal background checks, insurance physicals and even drug tests in particular cases. Organizations profit from staffing services as it minimizes their administrative job and helps them to save time. Below are a few questions that have been answered regarding staffing services:

A person has been working as a contract worker for a staffing agency in the state of Kansas and has been hired out to another company for the past two years. This company has given an employment position to this person as a temp employee through the staffing company. This person would be able to avail the benefits only after a year. The last two years of this employee would count or not?
In Kansas, it does not appear that there are laws that define policies on how benefits are given. A temp employee generally does not have rights and benefits an employee enjoys unless the temp employee is hired away from the temp agency. Once the temp employee is hired away from the temp agency, one would qualify to receive benefits as pr the company policies.

However, you may submit a claim with the Department of Labor to verify if they can detect that one has been incorrectly classified and whether working for a specific time frame as a temp employee automatically makes one qualify for advantages a common law employee is eligible for.

An employee of a staffing service has been placed to do part-time work with their customer. The contract states that: "Customer does not have the right to hire any [XYZ] employees working full-time at the Customer's location … within twelve months." Would this indicate that the employee may be hired only 12 months after he/she has left the said customer?
A review of the scenario mentioned above indicates that the contract is vague and such contracts generally work against the person who prepared it. This would mean that the customer would be required to negotiate an agreement with one’s employer or not hire the employee and play it safe. The employee would not have anything to do with it as he/she is not a party to the contract.

A person got the job of a pharmacist through the pharmacy staffing agency. The employee was unwell for three days and had called in sick. However, when the person returned to work; he/she found that he/she was replaced. Would this be considered as breach of contract, whether explicit or implied?
As one has not worked for a long period of time with the pharmacy, one would not qualify for legal protections that a regular employee would be eligible for. Therefore, it would not be illegal as per state or federal law if one has been replaced. Only if there is an employment contract to indicate that the employee may not be replaced for falling sick; one may not have any legal recourse. Implied contractual responsibilities may be created through organizational policies or details mentioned in the employee handbook. If there is nothing mentioned regarding firing sick employees; then the employee would not have any implied contract.

Consider a situation where a person’s temporary staffing company indicated that the person’s unemployment benefits were stopped because the contract needed the person to inform them 48 hours after termination of the assignment. However, the person informed the recruiting staff two days prior to the end of the assignment and wanted one more assignment. Would this be considered as legal? This person was not given employment till six months after the agreement was signed. Can one consider the agreement to be valid?
The agreement may be enforceable unless it had a termination clause or one of them did not follow the terms mentioned in the contract. One would rely on the precise wording of the contract and the people enforcing such a contract. Therefore, just because one was not placed for six months after signing the contract does not make it null.

As mentioned on the contract, one should have got in touch with the agency 48 hours post termination of the assignment and not two days before. One may consider requesting for continuation of the UI benefits because one had misunderstood the timeline mentioned in the contract and that one did inform the agency and ask for a fresh assignment which was not given.

If a person has a history of felony, can a staffing service company in the state of North Carolina deny hiring this person?
In most cases employers do not hire people who have been convicted with respect to the job they are doing. As per North Carolina law or federal law it is not necessary for employers to have a policy such as this. Further, as per Title VII of the Civil Rights Act it would be considered as discrimination if one with felony is not hired. The Act prohibits discrimination of a specific class of people who are protected under law, for example racial minorities. A claim may be submitted to the Equal Employment Opportunity Commission (EEOC) if one belongs to a protected class. If one does not belong to a protected class, then North Carolina law does not provide many options.

Staffing service agencies may place employees hired by them as part-time or full-time employees. These companies may hire these employees after a certain period of time. It would be in the best interest of these companies and the employees to ask an employment lawyer to clarify issues as contracts are involved in such instances.