The law firm of Shirk,Work & Fish hired a staffing firm to place a temporary receptionist in their office.The receptionist was on the payroll of the staffing firm.The law firm's office manager trained the receptionist to handle phone calls and visitors in accordance with the firm's policies,gave him deadlines for work assignments and decided when the receptionist could take breaks and go to lunch.After working Shirk for 13 months,the receptionist made an allegation of race discrimination because he applied for a paralegal job that the staffing firm filled at the law firm and the office manager did not select him.
A) The receptionist cannot bring a case against the law firm because he is an employee of the staffing firm.
B) The law firm and the staffing firm may be considered joint employers of the receptionist for purpose of the discrimination claim because it controls when,where and how he performs his job,the length time the receptionist worked at the law firm and their combined roles in filling the paralegal position.
C) The receptionist cannot bring a case against the staffing firm because it only pays him,has no other control over his work and it did not make the selection for the paralegal job.
D) The receptionist cannot bring a case against the law firm because he is a temporary employee
Correct Answer:
Verified
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