How long can an employer in PA keep you in a Temp status to avoid paying benefits?

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How long can an employer in PA keep you in a Temp status to avoid paying benefits?

Are there any laws in PA that prohibit an employer from keeping you in a Temporary status for an extended period of time to avoid paying benefits in my case, nearly 5 years

Asked on July 2, 2019 under Employment Labor Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

The fact is that most employment is "at will". This means that a company can set the conditions of work much as they see fit (absent some form of legally actionable discrimination). Therefore, unless this action violates the terms of a union agreement or employment contract, it is legal. Bottom lime, most benefits are discretionary, so an empoyer can choose who does and does not qualify for them. Accordingly, keeping a worker in indefiite "temp" status is perfectly permisable.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, they can keep you in "temp status" indefinitely, because an employer is free to designate certain jobs or positions as ones that do not receive benefits--benefits are not actually required by law--and do not have to ever move employees to a status or position where they get benefits. Some jobs don't provide benefits; you should considcer seeking other employment.


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