3759 A temporary employment agency and the company at which it places a worker are dual employers of the worker, so the agency may be liable for violations of the Fair Employment and Housing Act (FEHA) committed by other employees of the company at which the worker was placed and for negative employment action taken by the agency in retaliation for the worker's complaints about those violations; the statute of limitations on a common law wrongful termination action is not tolled while a complaint based on the same facts is being considered by the Department of Fair Employment and Housing (DFEH).CitationMATHIEU v NORRELL (Dual Employers) 115 CA4 1174 [See: GovC 12900 etseq; Carrisales v Dep't of Corr 21 C4 1132, T/AT 1/00; Salazar v Diversified (RevGrtd) 103 CA4 131, T/AT 12/02; Carter v CA Dep't of Vets Affairs (RevGrtd) 109 CA4 469, T/AT 7/03: Riley v Southwest Marine 203 CA3 1242]
|
|