X month temp to hire vs Perm

Question

I did an interview recently which I thought was a permanent position as described by the recruiter who submitted me. When talking with the interviewer about the position, he stated it was a 3 month temp to hire. While doing my post interview with the recruiter, I asked if this was a 3 month temp to hire or Perm Placement, to which he replied "What is the difference." His reasoning is "You will work in the state of Maryland which is at will."

• At-will employment is a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any reason (that is, without having to establish "just cause" for termination), and without warning, as long as the reason is not illegal.

I have googled the matter and found conflicting information, so my question is, is the a difference between X month temp to hire or Perm Placement in an at will state?

Answer 1

Note: I am not a lawyer. This information is for US and may vary by state and the terms of your contract.

Temp-to-hire starts you with a contract period after which the company will evaluate whether to hire you on for a permanent position. The company is not required to provide severance pay if they chose not to hire you on to a permanent position after your contract period expires. You also might not be eligible for certain benefits during your contract period such 401K matching, etc.

With a permanent position, you should have access to all employee benefits. If you accept a permanent position and the company choses to terminate you, they may provide severance pay, vacation/sick time buyout and etc. At-will refers to the fact that at any time, the company could terminate me. You do not have a permanently granted position of any sort. Similarly, you at any time may quit and leave the company.

Here is more information about severance pay:

1. https://www.dol.gov/general/topic/wages/severancepay
2. https://en.wikipedia.org/wiki/Severance_package

Answer 2

is the a difference between X month temp to hire or Perm Placement in an at will state?

Regardless of the state, and other laws that may apply, these two things are inherently different (disclaimer: IANAL).

Temp-to-hire you can think of it as some sort of "extended trial period", in which both you and your employer can see how things work out before proceeding with a permanent position. Temp-to-hire contracts are for a fixed time, usually months. Permanent contracts are, well, for an indefinite time.

However, in a practical sense, assuming that you are in an at-will state there would be indeed "no difference" when it comes down to any of the contracts being terminated. In both situations you can be cut without warning or for any non-illegal reason. This is why it may appear the same when considering this side.

Nonetheless, both things are different kinds of contracts, and it would be an understatement to say they are equal. Most of the times, Perm contracts have more benefits than temp-to-hire ones (possibly higher salary, full employee benefits, etc.).

...anyways, IMHO this could be a red flag, as it seems that this recruiter used this unclear description to make the offer sound more tempting for you to consider it. It is up to you if you now desire to continue pursuing this contract or you would be better searching for another one (perhaps one where they are 100% clear with what they offer).

Answer 3

In addition to the above excellent and correct answers (+1) ..

"What is the difference."

Is this an company recruiter or an independent recruiter? Either way this is a very basic part of a recruiter's job description to get the parameters of the position correct, and my knee-jerk reaction is this is a very sloppy or less then transparent recruiter that you should consider getting EVERYTHING in writing for this gig, and avoid in the future.

(Disclaimers: IANAL and my only knowledge of the state of Maryland is the acronym SMIB.)