As the long-hoped-for economic recovery continues to stall, many employers are increasing their temporary workforces to meet customer demands, limit costs, and boost workforce flexibility. Since August 2009, temporary staffing agencies have added more than half a million temporary workers. In July, August, and September 2011 alone, 53,000 new temporary workers were hired. But many employers are insufficiently aware of some hidden dangers that can be associated with a temporary workforce. Here are the top five hidden liability questions that employers should be asking:
•Can you be held liable for removing or reassigning temporary employees? Yes, if you can be deemed a “joint employer.” Most employers do not realize that they create liability exposure when requesting that a temporary worker be removed from their workplace or reassigned to another employer elsewhere. If a court finds you to be a joint employer, then you could be liable for discriminatory, retaliatory, or wrongful termination based on a removal or reassignment of temporary employees.
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