Is this SUB-CONTRACTOR AGREEMENT legal? pls help?

Question

Ok, i just found a contract job thru a recruiter, but 5 weeks thru my employment, the company wants to hire me permanently. But again there is a clause in my contract which states
" Except with the prior, express, written consent of TechHigh, during the term of this Agreement and for three hundred sixty five (365) days following its termination, Sub-Contractor agrees not to compete with TechHigh in the business of engaging contractors to perform services for any of TechHigh’s Clients for whom the Sub-Contractor has known through TechHigh or has provided services and Sub-Contractor agrees neither to offer nor provide services under any agreement signed by and between TechHigh and TechHigh's Clients during the term of this Agreement and for three hundred sixty five (365) days following its termination except when termination is a result of TechHigh's breach of contract ". that means i have to wait 365 days to hire by this company. pls help

TechHigh Is the recruiting Firm not the company I perform my duties, for the sake of clarification, let just say the company that is planing to hire me as permanent is Company X.

Answer 1

I think it means you can't go to work for another company as a contractor through another service, or representing yourself if you know they are TechHighs clients. Has nothing to do with being hired by the current company.

The company you work for probably will pay a fee to TechHigh for you. Take it to the HR people if you have any questions. I am sure they can walk you through this.

Answer 2

In the business of non-compete agreements, usually what is comes down to is do you want to take a chance and go for it? While Techhigh could try to sue you, 9 times out of 10 the employee wins out in these cases due to ruling that the employee needs to be able to make a living. Noncompetes are typically not effective legally and are only there as a deterrant to keep an employee from doing what you would like to do.

As a recruiter, we typically are happier when we have discussed doing a "right to hire" or "temp to perm" before the candidate gets hired. We would much rather have you continue to work on a hourly basis so we can collect fees for your service, full time means we get nothing. However, any reasonable agency will allow you to go full time if you've worked the full previously agreed upon amount of contract time.

Answer 3

Contract agreement you signed is the legal document now for both the parties.You have to follow the existing agreement.

If any change in obligations you need it can be agreed by both the parties or mutually agreed basis is the best way to settle the differences.

The conditions you mentioned are void,as the company has inserted a clause which looks as discrepancy in your agreement.

From the available informations provided by you it can not be interpreted the available options for you.

More over novation is possible after negotiation with your employer.

You have full rights to ignore those parts which are void in your agreement.

More over its not a big problem for you can use:

(a) arbitration or disput resolution by novation or

(b) you can go a head with other Joint Venture partner for the same work you are banned under the existing agreement.

(c) There is no legal rights to any party to restrict you for the lawful works you are intending to do.

Answer 4

I would never sign an agreement that has this type of stipulation. Hire on with the company permanently.....it's obvious to me that if they were completely satisfied with TechHigh, they wouldn't be offering you a permanent job right now. Don't be surprised if the company stops using TechHigh.....probably because the contract is giving them as much heartburn as it is you right now. Put the screws to TechHigh....they don't own you.

Answer 5

That's perfectly legal and incredibly standard. And you signed it. If you object, why did you sign it?

And, btw, you have to wait 365 days from when your contract is over to work for the company. Not 365 days from now.

Answer 6

You can be hired by them. This is saying that you agree that you won't become HighTech's competitor by subbing out other contractors to HighTech clients. If you end your contract with HighTech, you cannot compete with them for 365days afterward. This has nothing to do with your ability to become a direct employee of HighTech.

Answer 7

Of course you can get out of this. Ask the company who wants to hire you if they will buy you out of the contract?
IF not, then ask the temp company how much to buy you out.

otherwise just do it and see if they sue you.

Answer 8

each and all of the above and... you ought to use your settlement (the only between you and your consumers) as a template, merely this time you are the customer. conceal id, activity region, scope of paintings, fee schedule, coverage, what to do if there's a default, and contain the different provisions you experience are substantial.