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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38507
Experience:  Retired (mostly)
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Hi, We had been in touch earlier about a job consultant using

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Hi, We had been in touch earlier about a job consultant using a void non compete agreement to prevent me from taking up a job offer. He has now contacted the hiring company (the one i m about to join) and informed them that I have to go through their consultancy for that offer and if not I would not be able to take up the offer at all. Please let me know if this is prohibited by any california law ? Also is there a way I can confront them and tell them to backoff. What will be the cost for sending a legal notice to stop them or is there a cheaper alternative?
He has now contacted the hiring company (the one i m about to join) and informed them that I have to go through their consultancy for that offer and if not I would not be able to take up the offer at all. Please let me know if this is prohibited by any california law ?

A: It's up to the prospective employer to decide whether or not to hire you. There is no specific statutroy law prohibiting the staffing agency from contacting the prospective employer. There is a common law "tort," called "interference with prospective economic relations." However, with an employment contract, there is never a guarantee of future employment, so you cannot show any damages for interference with the contract. You could sue for a declaration of rights, concerning the validity of the existing contract, but that would cost you a small fortune.

The most that you could, as a practical matter, would be to show the prospective employer your contract with the agency, and let their legal department decide if they want to hire you or not.

Also is there a way I can confront them and tell them to backoff. What will be the cost for sending a legal notice to stop them or is there a cheaper alternative?

A: There is no inexpensive alternative. The agency probably won't pay attention to the warning letter, anyway.

Please let me know if I can be of further assistance.
Customer: replied 3 years ago.

So will it be a good idea if i just send them an email -


I herewith would like to terminate all professional relationships with XXXX on the basis of the agreement I signed being null and void in California since it is a non-compete agreement, which are invalid under California Business and Professions Code 16600. Also XXXX failed to offer me a acceptable job offer which further prevents me taking up any assignment as their employee.



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Does it convey the fact that I am not interested in working with them now or in the near future and I am not bound by any legal obligation to take up any position with them ?


I'll be back in a few. I have a plumber here that I have to deal with.

Thanks for your patience.
Customer: replied 3 years ago.

ok np

Consider:

It has come to my attention that the contract provided to me by XXXX may be void under Cal. Bus. & Prof. Code 16600. Accordingly, I have decided to terminate my relationship with XXXX, effective immediately.

Hope this helps.

socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks. Appreciate your help. Have a great weekend :)

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