Legal Question in Employment Law in California
Employment Law
We are a small S Corporation that hired a temporary staffing company to staff a marketing event we held. We paid the staffing company in full for the event, but we have received a message from one of their employees that they were never paid for the event. The person is asking for payment and threating legal action against us. Are we responsible for paying them? The person in question was never interviewed by us or employed by us, she simply showed up at the event on behalf of the temp agency. She is the only one that has told us she was not paid. The other workers provided from the agency have never contacted us.
Thank you.
2 Answers from Attorneys
Re: Employment Law
A review of your agreement with the temp agency would be useful, but you should not be responsible for this. Why waste any more of your time on this I am sure you would rather be working on your business. Have an attorney nip this in the bud by contacting the temp agency as well as this temp employee to remind each of them of the law. If you would like our assistance, feel free to contact me.
Re: Employment Law
If she was associated with the agency, and you had no employment-related contact with her, then it is hard to see how she had a contract with you. Your contract was apparently with the staffing company. While she should sue the staffing company, she may sue regardless. If you think she will sue, and want me to write quick letters to the employee and the staffing company that may help avoid it by making the law clear, please let me know.
Best,
Daniel Bakondi, Esq.
IMPORTANT:
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