In addition, it is important to be mindful of your precarious relationship with the staffing companies you work with. Make sure they are handling their responsibilities regarding their temporary workers, so that your relationship does not cross the line into employer-employee. Also, remain aware of your treatment of employees compared to temporary workers. Though it is important to be respectful of temporary workers and provide a positive work environment, you must keep the distinction as clear as possible. Temporary workers should have distinct name badges, business cards and letterhead. Also, any communications should be channeled through the staffing company, and temporary workers should not be included in company training or events, whenever possible.
There should be no mistaking a temporary worker for a permanent employee in any written form or communication. Any such document could be used as evidence of misclassification and make you liable for the penalties described above. For example, Microsoft® was recently held liable for retroactive employee benefits for temporary workers because they had inadvertently offered the workers discounted Microsoft stock—a benefit normally reserved for permanent employees. Diligence regarding your temporary workers can help your company avoid stiff penalties.