Strategies for Reducing Your Risk in Co-Employment Situations
Clearly distinguish between your employees and temporary employees. Do not have
temporary employees sign the same forms (e.g., acknowledgment of company policies,
confidentiality agreements, etc.) as your own employees. Your staffing service can
assist in re-designing the forms to reflect the staffing service as employer.
Carefully consider to what extent temporary employees will share in the "perks"
provided to full-time regular employees, such as work functions, employee discounts,
bonus programs and use of recreational facilities. Limit the authority of temporary
workers to sign-off on such things as purchase orders, petty cash and keys to the
facility.
Be clear in the expectations of regular full-time employment. Train your supervisors
not to impress upon temporary staff that they will become regular employees as long
as they do a good job.
Consider having temporary employees sign an acknowledgment of at-will employment
with a disclaimer stating that there is no guarantee of full-time employment (your
staffing service may include such language in its job application or other agreements).
You may want to include an acknowledgment that the temporary employee is not eligible
to participate in the client's benefit plans.
Allow the staffing service to act as employer. When issues arise concerning a temporary
employee's performance on assignment (attendance, punctuality, poor work performance,
violation of company policy, etc.), promptly communicate these issues to the staffing
service.
The staffing service can take an active role in communicating this information to
the temporary employee. Promptly communicate relevant information concerning transfers/reassignment
to other divisions or departments, assignment extensions, pay rate changes and the
decision to end the temporary assignment or convert the temporary employee to your
payroll.
Honor your responsibility to provide a safe workplace, free of harassment or illegal
discrimination. Cooperate with your staffing service to investigate accidents or
claims of sexual harassment and/or respond to discrimination claims.
