How Binding is this part of a contract

[Dubluvr]

I sign a contract for my employer over a year ago. They contract me out to other companies for technical work. One of the companies I do work for wants to hire me full time but I'm wondering if this part of the contract means I can't and how legally binding it is. Thanks

[lint]

Does any part of your contract outline the penalties if you were to accept an offer of employment? You should find out if the company you work for also has such clauses with the companies that they contract you out to.

[sexualbanana]

It looks to me like a standard non-competition (I think that's what it's called) clause saying you can't go work for any of the companies that are currently clients of your current employer.

Meaning if you are hired by Company A, and one of their customers is Company B, you cannot leave Company A and take Company B with you as your own client for Company C, for a period of 6 months.

We've had people from my agency get hired by our clients and work on the client-side, so I don't think it's too much of a problem. You may want to double check though, since I'm not a lawyer or HR guy.

EDIT: After actually reading that, you may want to consult an HR person. Since my previous reply might be totally irrelevant to what you are asking. As for how legally binding it is: It is a contract, and you did sign it. Therefore, it's binding.

[GQBalla]

werd ^^ it is a contract.

find out what kind of consequences can happen too you.

[Doozer]

The contract is binding, but what matters to you is whether the company has the desire to enforce it.

My company has a very similar wording in our contracts, and one of my coworkers *just* left, to do that very thing. My company basically turned a blind eye to it (why, I'll never know - I'm a little pissed that this guy left us high and dry), but the fact remains that he left, is working for our client, and now we work with him daily on the other side of the desk.

I know in the past, however, my company has made it very difficult for people to leave. Technically, they have the legal right to take you to court, and possibly take a big chunk of your salary.

[clockworkboy3]

seriously, temp agencies are total scams, quit there and go to work for the other company. They can't find out and even if they could what penalties are listed? Nobody is gonna go to court and waste money over something that won't get them anything. If they won you still wouldn't work for them so who cares. Seriously..in this market it's dog eat dog!

[BlackArcher101]

If you did work for this company giving the offer within 6 months, you are in breach of contract. If the work you did was over 6 months ago, then you are free game. It's the last sentence that is going to screw you over if the work was within 6 months.

You may want to check with your current employers HR on this one. That is if you aren't afraid of them knowing about your intent to leave.

If you are intending on accepting this offer and working full-time while also keeping this current contract active with your current employer, I do not recommend doing so. You are essentially taking income from your current employer.

[BlackArcher101]

Originally posted by clockworkboy3
seriously, temp agencies are total scams, quit there and go to work for the other company. They can't find out and even if they could what penalties are listed? Nobody is gonna go to court and waste money over something that won't get them anything. If they won you still wouldn't work for them so who cares. Seriously..in this market it's dog eat dog!

It might not be a temp agency. Some companies prefer you to sign contracts instead of hiring on as full-time. But I agree, if it is in fact a temp agency, then I highly doubt they will persue the breach of contract if they even find out about it.

[pinoyhero]

I'd just speak with the company your with now. The conract is binding and although they may not go through the hassle of chasing you down for damages they could go after your wages. Talk it out though maybe you can get out of the contract or get a better deal where you're at right now ... assuking that's why you want the switch.

[BrknFngrs]

Originally posted by pinoyhero
I'd just speak with the company your with now. The conract is binding and although they may not go through the hassle of chasing you down for damages they could go after your wages. Talk it out though maybe you can get out of the contract or get a better deal where you're at right now ... assuking that's why you want the switch.

I would suggest you do not do this, odds of them negotiating with you when they are in a way stronger position than you is slim. Then if you fill them in on the situation and they decide to not do anything for you they will be more inclined to come after you if you decide to breach the contract anyway. Just quit with proper notice and take the new job without telling them about it.

[celly]

We have all our employees sign non-compete contracts. We had one leave us to work for the competition, but she wasn't really very important to us and didn't have a lot of knowledge of our company either so we didn't do anything about it.

We would if we lost someone higher up. I would be hard pressed to work for our competition because I've been the #2 guy in the company for 3 years and I'd probably get sued if I tried. Common sense dictates what should be done by an employee, but common sense isn't so common after all.

[CLiVE]

Those non-competition policies usually are not legally binding because they cannot restrict your labour mobility unless you have an equity position in the company.

[digi355]

I did it and my former boss raised all kinds of hell. Then he realized that I was going to work for his biggest customer and that he would be reporting to me going forward, the problem went away over night. These things are always bigger than they seem.

[AllGoNoShow]

You could quit, leave them a proper 2 weeks notice. On the last day of your 2 weeks you could get someone from HR to sign a letter voiding the previous contract agreements, say its for your paper/filing history as you never know what comes up in this world.

Then if they try and pull some sort of bullshit, all you have to do is wave the voided contract paper in the air with their signature and they can't do anything.

[BrknFngrs]

hmm why not try and get fired?

[TomcoPDR]

What are the legal recourse for breaking those rules?

[AllGoNoShow]

Originally posted by BrknFngrs
hmm why not try and get fired?

lol that works too, why should you agree to stick to terms of contract if the people who enforce the contract fired/terminated you. Fuck that shit, if it ever did goto court I could see a judge seeing it the same way, the company released/fired/terminated you, why should you still follow their contract

[A790]

Originally posted by AllGoNoShow


lol that works too, why should you agree to stick to terms of contract if the people who enforce the contract fired/terminated you. Fuck that shit, if it ever did goto court I could see a judge seeing it the same way, the company released/fired/terminated you, why should you still follow their contract

Unfortunately he will lose. It's a non-compete, he's signed and agreed to it. He's boned.