Can a temp hired through an agency be considered "common-law" employee after 2 yrs in California?

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1. Licensed in CA

   

   Frank Chen

   San Marino Employment / Labor Attorney

   Contributor Level 20

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   Answered April 16, 2012 14:18. No. There is no "common law" employee in California. Rather, in California, employment relationships are generally terminable at will, pursuant to Labor Code § 2922. Your rights would be dictated by an employment agreement, if you had one. There is no entitlement to permanent employment.

   Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in... moreFrank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney. less

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2. Licensed in CA

   

   J Ferrari

   Los Angeles Immigration Attorney

   Contributor Level 20

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   Lawyer agrees

   Answered April 16, 2012 14:19. There is no such thing as a "Common-law" employee in California.

   J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... moreJ Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question. less

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3. Licensed in CA

   

   Marilynn Spencer

   San Diego Employment / Labor Attorney

   Contributor Level 20

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   Answered April 16, 2012 18:39. As mentioned, there is no such thing as common law employment. Job classifications such as temporary, permanent, part-time and full-time are really designations for the employer's convenience, and often as a way to differentiate who will get benefits and who will not. There is no way to force an employer to hire you as permanent. Employees have very few employment rights, and employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair, obnoxious or bad at management. There are some limitations, mostly in the areas of public policy (such as discrimination law), contract law, union-employer labor relations, and constitutional due process.
   
   The employer may not be able to afford more permanent employees, or may not want to have more permanent employees, or may not want you as a permanent employee. Nothing stops you from asking the agency if it has information on this employer's practice of making employees permanent or not, and nothing stops you from asking the employer what you can do to improve your chances of becoming a permanent employee. Obviously the company is satisfied with your work, as it has kept you as a temp for so long.

   *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. *** less

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