Temp Wants to Switch Agencies, Gain Benefits

Q For more than two years I have worked as a temporary employee at a major corporation.

The employment agency that placed me in the job provides no health care, vacation, sick leave or other benefits. I feel trapped and want to switch to another agency that provides benefits, but I want to keep the same job.

I understand, however, that I, or the company where I work, could be exposed to a hefty penalty if I pursue this plan.

Is that true? Is there a government agency that regulates employment agencies?

--D.N., Los Angeles

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A There is no government agency that specifically regulates employment agencies, or that would provide for a penalty if an employee switches from one agency to another.

Typically, however, an agency that supplies employees to a company does have something in the agreement stating that the agency is owed some kind of placement fee if the company employs the worker on another basis within a certain amount of time.

Since you have been at the same company for a rather long time, such a penalty might no longer be applicable in your case. You should consult with someone who works at the location where you are currently employed to determine if that is the case, or if there would be a penalty if you either switched to a new agency or went to work directly for the company.

--Michael A. Hood

Employment law attorney

Paul, Hastings, Janofsky & Walker