# Fired From Temp Job Los Angeles Who Is Your Employer > In determining who the actual employer is, the right to direct the work is important. Who is managing and supervising the work? Source: https://worklawyerca.com/fired-from-temporary-job-los-angeles/ Firm: Employment Lawyers Group — employee-side employment lawyers since 1993. Serving Los Angeles County, California. Phone: (818) 783-7300 (calling is the fastest way to reach the legal team) Office: 13418 Ventura Blvd, Sherman Oaks, CA 91423 Contact form: https://worklawyerca.com/contact/ Consultations are free and confidential; cases are taken on contingency. --- ### **WHO DO YOU WORK FOR? Temporary Agency, Staffing Agency** For years I have been at the forefront of employment law questions that turn on who the actual employer is. Many of these cases involve employees who are paid through a temporary agency otherwise known as a staffing agency or labor broker, but whom receive all management and supervision from another entity. Legal words used to describe these employment relationships include joint employer, general employer, special employer, borrowed employees, lending employers. In determining who the actual employer is, the right to direct the work is important. Who is managing and supervising the work? The reality of the employment relationship, and not the paper it is written on, controls the parties’ status, Santa Cruz Poultry v. Superior Court, 194 Cal.App.3d 575, 582 (1987). The place where you are performing services may be your employer; not the temporary staffing agency who placed you there. ## Sue A Temporary Employment Agency, Los Angeles, CA Factors relevant to determining whether an employee is the borrowed employee [a special employee] of another include: **1) whether the borrowing employer’s control over the employee and the work he is performing extends beyond mere suggesting of details or cooperation;** **2) whether the employee is performing the special employer’s work;** **3) whether there is an agreement, understanding, or meeting of the minds between the original and special employer;** **4) whether the employee acquiesced in the new work situation;** **5) whether the original employer terminated his relationship with the employee, Oxford v. Signal Hill & Gas Co., 12 Cal.App.3d 403, 410 (1970) held that the special employer’s right to terminate the employee from the special employment is of significance and not whether the special employer could terminate the employment relationship with the original employer];** **6) whether the special employer furnished the tools and place for performance;** **7) whether the new employment was over a considerable length of time;** **8) whether the borrowing employer had the right to fire the employee and;** **9) whether the borrowing employer had the obligation to the employer…Of these considerations, the primary one in determining whether a special employment relationship exists is whether the special employer has the right to control and direct the activities of the alleged employee or the manner and method in which the work is performed, whether exercised, or not, Wedeck v. Unocal Corp., 59 Cal.App.4th 848, 857 (1997).** ### **Who Is The Real Employer?** In an economic reality test, besides control, the focus is on the length of the relationship between the two entities, the skill required, the investment in facilities for work, and the opportunities for profit or loss from the activities, Bartels v. Birmingham, 322 U.S. 126, 130 (1950). The economic realities test is generally used in cases involving the Fair Labor Standards Act, E.E.O.C. v. Zippo Manufacturing, 713 F.2d 32, 36 (3rd Cir. 1983). New laws require employers to identify their actual names and addresses. A failure to identify the name of the employer on your pay stub is wrong. Contact our firm if you lost your long term job where you were paid through a temporary staffing agency, or the entity whom employed you has failed to properly identify themselves. **Contact us, or call (818) 783-7300 toll free to consult with an Employment Lawyers Group** [Los Angeles wrongful termination lawyer](https://worklawyerca.com/wrongful-termination-lawyer-los-angeles/), supervised by Karl Gerber who will be the lead attorney on your case. ## Our Firm: No Upfront Fees or Costs ### Contingency Fee Representation All employment cases for employees are taken on a **contingency basis**. We are only paid a fee **when and if we win** your case, and we **advance all litigation costs**. Our goal is to make expert legal representation accessible to every hardworking employee. ### Serving Los Angeles County We have proudly served all of Los Angeles County since 1993. Ready to discuss your case? (818) 783-7300 Submit A Contact Form The Employment Lawyers Group has successfully handled 2,000+ Separate California Employment Cases ## Media Engagements ## Sample Case Results breach of commission contract $1,150,000 Unpaid commissions of two plaintiffs unpaid wages $875,000 For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call forced to work without pay standby pay case $800,000 Controlled stand by class action settlement Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case. ## Practice Areas [Discrimination Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.](https://worklawyerca.com/discrimination-attorney-8-facts-to-prove/) [Unpaid Wages & Overtime Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.](https://worklawyerca.com/unpaid-wages-attorney-los-angeles/) [Sexual Harassment Compassionate and effective representation for sexual harassment and hostile work environment claims.](https://worklawyerca.com/sexual-harassment/) [Wrongful Termination Representing employees terminated in violation of public policy, contracts, or California and federal law.](https://worklawyerca.com/wrongful-termination-settlements/) [Leaves & Retaliation Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.](https://worklawyerca.com/leave-of-absence-lawyer-los-angeles/) [Whistleblowers Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.](https://worklawyerca.com/los-angeles-whistle-blower-lawyer/) ## Our California Locations ### Bakersfield [BakersfieldLaborAttorney.com](https://bakersfieldlaborattorney.com) 5401 Business Park S, #214, Bakersfield CA 93309 [(661) 412-9600](tel:6614129600) ### Los Angeles [EmployeeLawCA.com](https://employeelawca.com/) 611 Wilshire Blvd, #1023, Los Angeles CA 90017 [(323) 525-1600](tel:3235251600) ### Orange County [WorkLawyerOC.com](https://worklawyeroc.com) 2522 Chambers Rd, #100, Tustin CA 92780 [(714) 210-8000](tel:7142108000) ### Riverside [RiversideEmploymentLawyer.com](https://riversideemploymentlawyer.com) 9496 Magnolia Ave, #208, Riverside CA 92503 [(951) 367-1000](tel:9513671000) ### Sacramento [SacramentoLaborAttorney.com](https://sacramentolaborattorney.com) 777 Campus Commons Rd, #200, Sacramento CA 95825 [(916) 340-0000](tel:9163400000) ### San Bernardino [EmploymentAttorneySanBernardino.com](https://employmentattorneysanbernardino.com) 337 N. 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He has represented a wide range of employees throughout California. Mr. Gerber has won **51 of the binding arbitrations and jury trials** he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation. The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been **extensively trained on employment and wrongful termination law by Karl Gerber**. [Meet Karl Gerber](https://worklawyerca.com/karl-gerber/) ## Ready to Discuss Your Case? Your rights as an employee matter. Submit a contact form and we'll get back to you. Submit A Contact Form [Call (818) 783-7300 Now](tel:8187837300)