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Showing posts from October, 2019

Joint Employers: The Employer and the Temp Agency

In Jimenez v. U.S. Continental Marketing, Inc ., plaintiff Elvia Jimenez was hired through a temp agency to work for a manufacturing company, U.S. Continental Marketing Inc. (USCM). Jimenez was ultimately fired by USCM, and she filed a wrongful termination case against USCM. At trial, the jury found in favor of the defendant soley because the jury believed that USCM was not Jimenez' employer. This decision was based on the defense argument that the temp agency had relatively more control over Jimenez than did USCM. The California Court of Appeal recently reversed the decision and the stage is set for a new trial. The Court of Appeal ruled that USCM was Jimenez' employer under the California Fair Employment and Housing Act (FEHA). Jimenez was, in almost all respects, treated like an employee of the USCM, except that the USCM did not hire her, pay her, provide her benefits, or track her time. The temp agency did those things. But the Court of Appeal held that under F