SHRM President and Chief Executive Officer Johnny C. Taylor, Jr., SHRM-SCP, is answering HR questions as part of a series for USA Today.
Do you have an HR or work-related question you’d like him to answer? Submit it here.
I was hired by a manufacturing design firm 13 months ago as a temp into a position that was previously held by a full-time employee. I have been commended for my work and have been successful, but they have yet to offer me a full-time position with all the pay and benefits afforded. Is there a limit or norm for temporary employment? —Silas
Johnny C. Taylor, Jr.: That’s a great question. The Department of Labor and other regulatory agencies do not set limits on the length of temporary assignments. An employer will often predetermine the length of time the assignment will be. Due to its temporary nature, it should not go on indefinitely. In practice, it’s normal for employers to limit temporary work to a few months or less.
Employers commonly use temporary workers to backfill an open position, often filling a vacancy brought on by an employee’s leave of absence or new or fluctuating business demands. If you were hired via a temporary agency, let the agency know of your interest in securing regular employment with the firm. They may suggest you express your interest directly to the manager you are assigned so they are aware of your interest in becoming a regular employee. Similarly, if you were hired through the firm directly, speak to your manager or the human resource team about your interest in transitioning to regular, full-time employment.
In either scenario, share the positive comments you have received, and highlight the 13 months of experience you have gained while working there. Is the work you are doing part of ongoing assignment? Does management expect the volume of work to remain near what it is currently? Ask these questions as you look to build your case for a full-time opportunity.
Remember, temporary workers are considered external applicants. So, if you are asked to apply for a regular, full-time position, you would likely follow the same process established for all external applicants. I wish you continued success in making the transition and in your career!
Our team was recently told by management not to post about work on our personal social media accounts. We are still allowed to post about our company on professional social media (LinkedIn and Portfolio sites) but not on personal sites without prior permission. Is this reasonable? —Katina
Johnny C. Taylor, Jr.: Understandably, your employer likely wants to know what information its employees share online about the company. But for the most part, it is not reasonable or practical to limit social media posts to professional accounts or request prior permission before posting on personal accounts. In fact, while platforms like LinkedIn and Portfolio are intended for professional use, almost all individual social media accounts are considered personal accounts and belong to the respective account owner.
Both employers and employees have certain rights and limits regarding social media content about the employer. To start, employers can discipline employees if they post threats, harassing or bullying comments about co-workers, and hate speech and/or racial epithets. Employers can also discipline employees when they post misleading or untrue statements damaging to the employer’s reputation. And employees can be disciplined for posting confidential information such as trade secrets, board meeting notes, and other proprietary product information.
Despite those limits, employees have the right to speak out and post about working conditions. The National Labor Relations Board (NLRB) protects employees from retaliation when they speak out against or post complaints about wages and benefits, unsafe working conditions, harassment in the workplace, and an employer’s possibly illegal activity.
While the First Amendment provides broad protection over free speech, it only guarantees citizens the protection of free speech from intrusion by the federal government. So, the federal government as an employer cannot regulate its employees’ speech including social media content.
Conversely, employees working for private employers do not have constitutional right to free speech at work. Private-sector employees are only expressly covered under NLRB regulations when discussing poor working conditions. Again, a private-sector employee may face discipline when posting damaging or untrue information about their company.
If you have additional concerns about your company’s social media policy, I encourage you to meet with your human resource team.
