Most times, identifying your employer is easy. You report to work in the morning, the boss directs you as to your tasks, and you report again the next day. However, sometimes individuals have more than one employer. In these situations, it is not always easy to know who the actual employer is, and what rights may be affected.

Under the Special Employment Doctrine, individuals are permitted to have multiple employers for legal purposes. This arises most often in the temporary employment setting, but may be present in other places as well. In determining whether a special employment relationship exists, Courts look at five factors: The existence of a contract between the employee and special employer, whether the employee is engaged in the business of the special employer, what entity exercises control over the employee, who pays the employee, and who has the power to hire and fire the employee. No one factor is determinative in the consideration of the existence of the special employment relationship. However, Courts generally focus on the control factor, meaning that the entity that has the right to control an employee’s day to day activities will usually be deemed an employer for legal purposes.

So what does it mean to have a special employer? It means that your rights as an employee have been affected. Should you be injured at work, the special employer may be responsible for providing Workers’ Compensation Benefits. However, you may lose your right to bring suit against the Special Employer in a third-party action for damages.

If you are part of a temporary employment relationship or some other situation in which you may perform tasks for multiple different companies, you should inquire as to which entity or entities may be a general employer and which may be special employer. Understanding your rights is pivotal should an injury occur.