An Illinois appellate court for the Second District recently issued an opinion regarding a work-related negligence dispute. The facts of the action are as follows. The plaintiff was an employee of a company that provides both permanent and temporary employees to its clients. After the company places one of its employees with a client, the company assumes that the client will provide all supervision, direction, and control of the employee’s work with the client. The company notifies its employees that once they have been placed, they should expect to receive such direction from the client.
In December 2011, a business that provided industrial storage shelving installation services signed a national contract with the company, in which the company agreed to provide temporary employees to the plaintiff. It included terms describing the company’s policies regarding the provision of direction and control for those employees.
After this contract was signed, the plaintiff, who was an employee of the company, was directed to work for the shelving business. When the plaintiff arrived at the shelving business’ premises, he and five other employees were directed to assemble and install industrial shelving at a warehouse. In testimony, the plaintiff stated that he did not see any direct supervisors from the shelving company directing the employees’ work and that instead he took instructions from the permanent employees at the shelving business.