I got a Lawyer notice

[chanduy9]

Greetings:

I was searching for a job in Dec 2008 as my job was getting over on Dec 31st 2008. I have applied for on job and they reviewed my resume and submitted to their client. In that process I have signed the General Agreement, the key points from the agreement are:

Guarantee: The Independent Contractor agrees that he/she would not submit his/her profile to Technofina's Client, where he/she is being submitted to, directly or indirectly through any other medium for that specific project. It is further agreed that the Independent Contractor will attend a Face to Face Interview if it is scheduled by Technofina's client(s). Independent Contractor will be available on the start date of the project at the Technofina or Technofina's clients' site if selected for the project, for which the Independent Contractor is submitted, after the interview and reference verification process.

Breach of Agreement: If this Agreement is breached, damages would be difficult to accurately ascertain. The Independent Contractor agrees and acknowledges that the amount of $15,000 is a fair and reasonable sum that best approximates the damages that Technofina would incur in the event of the Independent Contractor's breach of this Agreement.

They asked me to sign this, otherwise they would not submit my resume and I told them I will serve as First in First out, as I was looking for other jobs too.
Please see below sequences and discussions I have with the vendor company.

• 
  On 9th Dec 2008 I started talking to them regarding this position, and I have applied for it, and signed the contract.
  They mentioned the project will start in 2nd week of Feb and I agreed to it. Because my project was getting over on 31st Dec 2008 and I do not have any other option.

• 
  They contracted me on 5th Jan 2009 and scheduled for an interview on 9th Jan 2009.They told me I have to pay my own expenses, I said I can not effort that and they convinced me for one way ticket and they told they will pay it back if I selected and I agreed to that.

• 
  I have taken interveiw on 9th Jan 2009, after the interview I visited their office and they told me they will be notified by the client in in week.
  In the process of job searching I have submitted my resume to different clients and attending the interviews.I that process I got an offer from one client and I accepted that and joined them on 28th Jan 2008. I do not have any job in my hand at that time.

• 
  On 4th Feb 2009 they informed I got selected and need to start on 1st March 2009. I refused to take the offer and explained my situation. I talked to the company CEO and explained my situation, and they did not accepted my request and today they sent lawyer notice.
  

What options I have. Please let me know.

Thanks,

 

[FlaRiptide]

Is this a Headhunter you dealt with? The agreement appears to have too many "Ifs". It is plausible for an employment agency to not want the job hunter to circumvent their efforts and send a resume directly to the potential employer and thus cutting them out of their placement fee.

But, restricting you to sit still for an uncertain amount of time, "if it is scheduled" & "if selected for the project", is utterly unreasonable. I cannot believe any court would uphold this so-called contract.

If they lose you as a client due to you finding another position on your own (as long as your new employer is not one of the agency's clients) I see no wrong doing on your part.

 

[FlaRiptide]

I read your revised post and now have a question.

Did you signed a SOW agreement? If yes, then it does sound like you have a problem.

 

[chanduy9]

Greetings!!

Thanks for your response, I am sorry not to respond back, as I was travelling.

Yes, they are head hunters, I found them in dice, they are preferred venders to the client. I did not signed any SOW, I have signed only General Agreement, which I thought was a industry standard.
They contacted me via phone and told me about the project, and I refused to take the offer, they sent PO and I did not responed to that, I sent a email to them as I am not ready to take the offer. They sent me the notice, and in the notice they mentioned respond immediatly, there is no time frame. I do not know any lawyer in NY. Please let me know the options which I have. I do not want take this easy as lawyer involved in this. I can send you the General Agreement which I signed and the notice/letter which I got from the lawyer for reference, please give me your email id.
If Please let me know if you know any lawyer in NY are.

Thanks,
Chandra.