Q: Does an employer need to provide temporary agency employees with a letter clearly stating that the position is temporary so as not to have the temporary agency employee think that the job is with the contracting company?
A: Typically the temporary agency will ensure that their employees know the position they are filling is a temporary assignment. However, if you want to make it perfectly clear, you could ask the temporary agency to give them a letter of understanding structured like an offer letter (on the agency’s letterhead) outlining that the position is temporary through the agency and is expected to continue through [date], that they are ineligible for the contracting company benefits as they are not employees of , their employer of record is XX temporary agency, etc. This should ensure that there is no confusion concerning the promise of employment with the contracting company.
Question and Answer provided by ThinkHR. Learn more about how your nonprofit can gain access to their expert HR staff here.