The company controlled the worker's hours, tools, and supervision – and that changed everything
A Tennessee appeals court has ruled that a staffing contract cannot override the reality of who actually controls a temp worker's job.
In a decision filed on April 29, 2026, the Court of Appeals of Tennessee at Jackson affirmed summary judgment in favor of Dayco Incorporated, finding that a temporary worker assigned to the company through a staffing agency was, in the eyes of the law, a co-employee of Dayco – despite a contract that said the opposite.
The case began with a workplace injury. Keith King was employed by Pro-Man Staffing Solutions and assigned to work at Dayco's facility as a forklift operator. On June 14, 2023, King drove a forklift over plywood and the vehicle fell through. He was injured and later filed a negligence lawsuit against Dayco in the Shelby County Circuit Court, seeking $150,000 in compensatory damages.
King's central argument relied on the staffing agreement between Pro-Man and Dayco, which stated plainly that no employer-employee relationship existed between Dayco and any contract employee. On paper, King worked for Pro-Man. In practice, the arrangement looked very different.
The undisputed record showed that Dayco controlled the details of King's work. A full-time Dayco employee, Lamonda Topps, served as his supervisor. He also reported to Dayco manager Derek Spates. Each day, either Topps or King's lead, Dana Hubbard, assigned him specific trailers...
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