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From contractor to client's employee , is Non-solicitation applicable?

Discussion in 'Independent Contractors & Consultants' started by mfd_cali, Dec 12, 2019.

  1. mfd_cali

    mfd_cali Law Topic Starter New Member

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    Hello,

    I had worked as an independent consultant contractor for a staffing agency. The agency is in Pennsylvania. Their customers are in California. But now, one of the agency's customer wants to hire me as an full time employee. As I understand non-solicitation means not soliciting business to their client as an independent consultant. But if I decide to work for their client as a full time employee then the non-solicitation clause is not applicable. Am I correct?
    Thanks,
     
  2. army judge

    army judge Super Moderator

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    If a customer of the entity for where you are now employed wants to hire you to work for them, this is very easy to do.

    All the company has to do is contact the company employing you and state, "We are very happy with the service Emma Employee provides us. In fact, we are so happy that we want to hire her."

    You don't need to do anything today or tomorrow.

    The company that wants you should do everything to effect your employment with them.

    The prospective employer knows how to do this, so don't stick your neck out until your suitor has initiated the conversation.

    If your current employer asks you about this, don't say anything more than, "Yes, Big Time Enterprises says they are very happy with my services."

    In essence, until this is a done deal, do nothing until you are told that it is okay for you to work for your suitor.

    Remember, the job isn't finished until the ALL of the paperwork is completed and approved.
     
    hrforme likes this.
  3. zddoodah

    zddoodah Well-Known Member

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    Are you talking about a provision in a written contract that you have with the staffing agency? If so, no one can give you informed feedback without reading it.
     
  4. mfd_cali

    mfd_cali Law Topic Starter New Member

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    Hi zddoodah,

    Yes. This is the non-solicitation clause I have:

    Non-solicitation


    During the period of this agreement and during the one-year period subsequent to the termination of this agreement, regardless of the cause of termination and which party initiated the termination:


    A. Contractor (myself) shall not without the prior written consent of Company (staffing company), solicit the employment or of engage the services of any Company employees who are introduced pursuant to this agreement directly.


    B. Contractor shall not, and shall procure that no person, firm or company which controls or is controlled by the same person, firm or company as controls Contractor, shall without the prior written consent of Company, attempt to solicit business of any kind from a customer/client of Company encountered during an engagement while under contract with Company, either directly or indirectly or through an agency of any third party. Such customers/clients include those for whom Contractor provides services, directly under any work order to this agreement.
     
  5. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Clause B is one of the most difficult clauses I've tried to read and understand. It seems to imply that you will obtain some type of agreement by your employer that they will not, directly or indirectly, attempt to solicit any type of business whatsoever with your new employer. I have no idea whether - if I understood this correctly - whether your employer's attorney would be amenable to such a broad provision. You may want to inquire (but not fully rely upon) what that clause is intended to accomplish.
     

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