Doughty v. Work Opportunities Unlimited

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Employer, an employment agency, hired Employee and assigned him to work at a facility owned by a client company (Client). Employer paid Employee's salary, and Client paid Employer a fee for his services. Employee was injured while working at the Client plant, after which Client ended Employee's assignment at its facility. Employee filed petitions to remedy discrimination against Employer and Client. A workers' compensation board hearing officer denied the petitions to remedy discrimination against Employer and Client. Employee appealed, contending that the hearing officer erred by denying the petition against Client on the ground that Employee was not in an employer-employee relationship with Client. The Supreme Court affirmed, holding (1) the hearing officer did not misconceive the legal standard when focusing on whether a contract for hire existed between Employee and Client; (2) the hearing officer did not err in concluding that Employee had a contract for hire only with Employer; and (3) therefore, Employee did not have a right of action for discrimination pursuant to 39-A Me. Rev. Stat. 353 against Client.