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Seasonal employee vs temporary employee vs permanent employee

Asked over 2 years ago - Shelton, CT

Employment

Is it legal for a company to retain employees they classify as "seasonal" employees for over a certain time frame? I have been with a company in for almost 1 year as a "seasonal", not temporary, employee. I don't receive any benefits (paid holidays, sick time, health benefits) and am a hourly employee. Is this a legal practice? I can't help to think that ALL companies would consider this as an option to the costs associated with hiring the employee full time.

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Attorney answers (1)

Scott E Schaffer

Reputation Level 9

Answered over 2 years ago. Employment / Labor Attorney in Hartford, CT.

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Generally an employer may retain a "seasonal" employee indefinitely without providing benefits. However, the terms of the employer's benefit plans may trigger eligibility after some period of employment. You would need to review the plan documents or summary plan descriptions to determine potential eligibility. Also, under federal law (ERISA) employees employed more than 1000 hours in a 12 month period must be offered coverage under a company's retirement/401k plans.

I suggest you ask for the company's plan documents or summary plan descriptions and posssibly contact an attorney for help.

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