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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
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Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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How long can a contract last with a staffing company If

Resolved Question:

How long can a contract last with a staffing company?

If you signed a contract in 10/2006 but did not get hired to this temporary staffing company until 3/2007 is the contract null and void?
Submitted: 4 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 4 years ago.
HelloCustomer

The length of the contract depends on all the terms in the contract itself and the actions of the parties who signed the contract. Unless the contract you signed had an automatic termination date or the other party did not comply with the terms of the contract, then the contract is probably enforceable. Again, though, it depends on all the language in the contract.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17251
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and other Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you Marsha,

 

The contract did not stipulate an automatic termination date when signed. I was employed with another company in 10/2006 when wanting to change careers went to this staffing company but again did not get hired under their employ until 3/2007.

 

Nothing in the contract stated anything about an automatic termination, but stated that we must contact them immediately within 48 hrs of termination of said assignment. My assignment originally ended on 3/27/2009 and I contacted them prior to the 48hrs on 3/25/2009 does this make this contract legal?

Expert:  Marsha411JD replied 4 years ago.
Hello again,

I need a little bit more clarification about what is going on with this case to determine the actual issue. Who is trying to enforce the contract, you or the staffing agency? What is the disagreement about? Is the agency saying that you didn't comply with the terms so you are terminated? What is the underlying issue besides the contract itself?

Thank you.
Customer: replied 4 years ago.

My unemployment benefits are being affected because the employer stated that I did not notify them within 48 hrs after termination of the assignment. However, I did notify and spoke with the recruiting staffer and stated to her that I needed another assignment and did she have something for me on 3/25/2009. Her answer was not at this time but to please forward to her attention my resume (to which I complied).

 

My assignment ended on 3/27/2009 and I filed for my unemployment benefits on 3/29/2009 and began receiving said benefits until 5/27/2009 when a claims examiner contacted me and stated that the staffing company will not pay out any more benefits because I did not contact them within the said 48 hrs.

 

When I argued the point with the claims examiner they stated I had signed a contract back in 10/2006 and all what was in this said contract is valid. To which I totally disagreed. Because I ultimately was not under their employee until 3/2007.

 

And that is where I would like to know how long can a contract remain enforce if you were not under their employ at the time of signing. And was never presented with a new contract when I actually became an employee in 3/2007.

Expert:  Marsha411JD replied 4 years ago.
Hello again,

Thank you for the additional information. I suspected that this was an unemployment eligibility issue but needed to confirm as much. The fact that you signed a contract but didn't get placed for 5 or 6 months later does not necessarily void the contract. As I indicated before, it depends on all the language in the contract and the actions required by each party to the contract. Technically under the terms of the contract as you have relayed them, you should have contacted the agency on 3/29/09 which is "48 hours after termination of the assignment" versus 48 hours before the assignment terminated, which is apparently what you did. So, you didn't follow the letter of the contract. Having said that, you did notify them and ask for a new assignment, albeit not technically at the right time. If I were you, unless you have missed your opportunity to appeal the UI decision, I would appeal on the basis that you misunderstood the timeline but that since you did contact the agency and tell them you needed a new assignment, but they didn't get you one, that you should not lose your UI benefits. The contract itself, is likely enforceable and really a non-issue for unemployment purposes.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17251
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and other Employment Law Specialists are ready to help you

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