Worker boxed out of suit against temp agency's client

A temporary worker asserted claims for race discrimination, harassment, retaliation, and battery. He settled his claims against the temp agency but tried to pursue them against the company that ran the facility. A federal judge in southern Illinois told him to pack up and go home.

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Menasha Packaging Company, LLC (a subsidiary of Menasha Corporation), operates a packaging facility in Edwardsville. To obtain workers at the plant, Menasha contracted with several staffing agencies, including Team Company, which conducted business under the names Staff Quick and Staffing Synergies.

The workers produce and prepare packaging products and are stationed throughout production lines. The work entails placing products in boxes on the line and taking boxes off the line. Menasha didn't have any of its own production employees at the facility.

The staffing agreement between Staff Quick and Menasha provided that all personnel Staff Quick assigned were considered employees of Staff Quick and not Menasha. Further, Staff Quick was responsible for paying the workers' wages, providing necessary personal protective equipment (PPE), handling workers' comp claims, providing relevant insurance, and complying with all applicable laws, including employment laws.

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