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Work contract terms of agreement

Discussion in 'BBS Hangout' started by disguyman, Sep 15, 2014.

  1. disguyman

    disguyman Member

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    We do need to remind you that under the terms of your agreement with us, you are not permitted to accept work with ***** (either directly or indirectly) for a period of six months following your employment with us, but we are happy to discuss placement opportunities we may have for you with other clients.

    **** told me to go back to work the next day and they will find us a new agency...

    What are the penalties if I go back to work?
     
  2. heypartner

    heypartner Contributing Member

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    I'm not following.

    Your employer said you can't work for five asterix company from which you got a job offer? Then five asterix told you to go back to work and they'll find "us" a new agency?

    Are you working for the new company now? Are you working in Texas? What did you sign before? Texas is a right to work state. They might not be able to stop you, but your post is too cryptic.
     
  3. Johndoe804

    Johndoe804 Member

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    Dude. No clue what you're talking about. Context is key, breh.
     
  4. disguyman

    disguyman Member

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    I am working for an agency that is contracting me to the company ****. The 2 companies have a dispute and my agency told me I cannot work for **** as of today and showed me the terms of agreement on my contract saying that I can not work directly or indirectly with **** within 6 months

    **** called me and told me to go back to work tomorrow and they will find me a new agency.

    This is in Houston

    So I have until tonight to decide if I should go back to work at ****

    We do need to remind you that under the terms of your agreement with us, you are not permitted to accept work with **** (either directly or indirectly) for a period of six months following your employment with us, but we are happy to discuss placement opportunities we may have for you with other clients.
     
  5. disguyman

    disguyman Member

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    The agency has not waived, and intends to enforce, this provision as well as provisions in its agreement with **** that prohibit such activity.
     
  6. heypartner

    heypartner Contributing Member

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    Who signs your checks? If the agency is paying you, then they will stop.

    Also, if the agency signed you out for 6mos and are breaking those terms because of a dispute with 4 asterix, then they are wrong. I'm pretty certain you can continue working during your original contract term.

    Did you sign a 6mo contract? or of any length?

    Go back to work, and go see HR Dept at four asterix, and ask them for advice.
     
  7. disguyman

    disguyman Member

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    the agency is paying me, but like I said, **** will find me a new agency tomorrow.

    But I signed a contract with my original agency and I am breaking those terms by going back to work for **** under a different agency
     
  8. heypartner

    heypartner Contributing Member

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    Sounds like you are currently without a contract, if you leave your agency. Sounds like you are under contract with your agency. Is your Health Insurance tied to that contract? Don't go to work tomorrow without a contract. Tell four asterix that you are very much interested, but you need a contract. Make them produce. Right now, four asterix is merely promising you something.

    You can keep this simple: Go whereever your Health Insurance is. A judge will always side with that.
     
  9. Invisible Fan

    Invisible Fan Contributing Member

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    I'm not a laywer, but I'd get everything in writing with Client Company (better than using **** rite?) and whether they'd lawyer up to support you in the move.

    It seems like there's a non-compete or some similar clause in your contract with Staffing Company, so you're pretty much a pawn between the two companies.

    That Client Co is not making you a full time hire sounds like the paygrade isn't tremendously high, so I would not show up, but open correspondence to how much Client Company wants you.

    Right now, you're just a rabbit being lured by whichever company provides a better trail of treats unaware of traps and predators that can cripple your salary and possibly your reputation that can remain stained for months to years.

    - For Staff Co. they pulled you out, so you're gonna put some heat on finding a replacement job ASAP. Leverage options, competitors, or quitting (verry veryy last resort.)

    - On the other side, negotiate, bargain and get everything in writing with Client Co. to justify the legal risk. They like you, so make it permanent and official. If you don't justify that risk, then they would've dumped you at the first sign of litigation from Staff Co. And because you justify that risk, then you're probably worth at least 20-30% at this point in time right now.

    On the side, since you signed a potentially enforceable contract, I'd get a consult with a work lawyer on how much wriggle room you can eek out.

    For one thing, if Staff Co. has you up the ass...which the lawyer will tell you, then you need to find another Staffing Company ASAP so that at the very least you have more mobility options in a right to hire and fire state. That way six months will pass at another company, and you won't have to deal with not having options.

    Another thing is that getting lawyerly advice is a good primer in how much a Staffing Company can screw you over and you have to read the dotted line in how much they own you.
     
    #9 Invisible Fan, Sep 15, 2014
    Last edited: Sep 15, 2014
  10. disguyman

    disguyman Member

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    thanks, i probably won't show up tomorrow
     
  11. Yonkers

    Yonkers Contributing Member

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    Yeah, it sounds like a clear cut non-compete statement that you signed. And it also sounds like they're just a staffing agency, meaning you're 1099 with them and not W2, right? Which means you're on the bench with no pay right now.
    It sucks but it sounds like you better start looking for work.
     

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