Guest buster Posted November 12, 1998 Share Posted November 12, 1998 Being an Temporary employee of a large US firm for 17 years, never being offerred direct employment with Customer. Person dies unexpectedly in auto accident, (fell asleep)on there way home from working a 19 hour workday. Can this persons spouse and children sue the Firm at which the person worked at for seventeen years for full benefits? Actual Situation, state Florida Link to comment Share on other sites More sharing options...
Alonzo Posted November 12, 1998 Share Posted November 12, 1998 It's possible, if two things are true: 1. The employee is a "common-law" employee of the real employer. 2. The employer's benefit plan documents indicated that "all employees" were eligible to participate in the plan, and did not specifically exclude individuals who received paychecks from the leasing outfit that nominally employed the employee. This is a hot area of benefits law right now, with employers like Microsoft losing lawsuits, and employers like Time-Warner being sued by the government over the issue. Find a good ERISA plaintiffs attorney, if you decide to sue however. A general-purpose attorney might not understand all the issues. Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now