COMFORCE Staffing Services - Employer Resource Center - Minimizing Co-Employment
Steps To Minimizing Co-Employment Liability

1. Do not train your contingent workers, ask their agency (employer) to handle training.

2. Do not negotiate the pay rate of your contingent workers, the agency should set pay, as well as handle all communication regarding raises for the worker.

3. Do not coach or counsel a contingent worker on their job performance, call their agency and request they do so, and tell them why it is necessary.

4. Do not negotiate a contingent workers vacations or personal time off. Direct them to their agency who should then call you regarding coverage prior to approving.

5. Do not routinely include contingent workers in your company’s employee functions. Where their attendance is necessary, ask the agency to pay a reasonable fee to cover food etc. For recognition events, the agency should be present and offer any award, bonus or recognition directly to their workers.

6. Do not allow contingent workers to utilize facilities intended for employees – such as company gyms / spas / company stores without special corporate-wide rules being established regarding eligibility, dues, etc. (contact your legal or HR department).

7. Do not issue company business cards, nameplates or employee badges to contingent workers. Issuance of any of the above should be done with approval of your legal / HR departments and should clearly differentiate the status of the worker as contingent.

8. Do not discuss harassment or discrimination issues with contingent workers. As soon as you are aware of such an issue, you should pass the issue to both the agency representative and your own HR department for resolution.

9. Do not discuss job opportunities and the contingent workers suitability for such directly. Refer the worker to publicly available job postings and should a “temp to hire” opportunity exist for this worker, contact their agency with details and ask the agency to approach the worker.

10. Do not terminate a contingent worker directly, contact heir agency to do so.

The above represent just some of the areas where working with a contingent worker in a like manner to the way you interact with an employee can get you into difficulties. Can you err and break some of these? Yes. But remember, you are not the employer. Someone else is. Please allow that employer to do their job.

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