SHOP TALK / ORANGE COUNTY : Temp Hasn’t Been Given a Steady Job

Q A year ago my mother was placed into a temp-to-hire position by a temporary employment agency.

Since then, all of the people who were hired at the same time as my mother--as well as some who have been hired later--have become permanent employees.

There seems to be no review or evaluation process that precedes the decision to hire a person permanently.

Does my mother have a right to demand explanations from her employer as to why she has not been given a permanent position yet?

--J.S., San Diego

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AThere is no doubt that your mother may have fewer rights as an employee who was hired through a third-party employment agency.

But the real key is the reason she has not been promoted. If it is because of sex, age, race or any other area in which laws prohibit discrimination, she might have a claim.

While she can demand an explanation, the employer is not obligated to explain why she has not been given a permanent position.

But she might be able to determine the reason by examining those who have been offered permanent positions.

It’s not clear whether she has applied for a permanent job. If she hasn’t, she might want to document in writing her desires to be promoted so that her supervisor can’t use that as an excuse for not taking action.

If it appears that she was not promoted because of illegal biases, consider filing a claim with the Department of Fair Employment and Housing or contacting an attorney.

--Don D. Sessions

Employee rights attorney

Mission Viejo