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Experience:  Contracts, Wrongful termination and discrimination
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I signed a contract with a consulting agency to get placed

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I signed a contract with a consulting agency to get placed with a client. The contract had a non-compete clause that states that if the client contacts me within 6 months of my last day on the contract about returning as an employee or a contractor, I have to inform the consulting agency. It also states that I am not allowed to work for the client as a contractor for any other consulting agency unless I pay them a prediscussed finders fee. We never discussed a finders fee amount.
I have been asked back by a client as a contractor but I have to go back through the client's preferred vendor. If I do not go back until 1 day after the six months has passed am I safe or do I actually have to inform the previous agency of the contact.
Submitted: 1 year ago.
Category: Employment Law
Expert:  TexLaw replied 1 year ago.

Hi,

Thank you for your question. The restriction on competition in your contract is only valid for the 6 month term stated in the contract. So if you go back 1 day after your 6 month anniversary and contraact with the client, you will not be involation of the clause and will not need to pay the finders fee.

Please let me know if you have further questions. If you are finished here, please remember to rate my answer postively before you leave so that I am compensated for my work.

Thanks,

ZDN

TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4258
Experience: Contracts, Wrongful termination and discrimination
TexLaw and 3 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


Sorry I never used this site before. The actual clause is:


 


14. Employment with Customer. Contractor agrees that he will not accept employment on a full or part-time basis, or enter into any contractual or consulting arrangement directly or indirectly with the Customer, during the period of the Agreement or within the six month period following the Termination Date without the consent of AIM and the payment of an agreed upon finder’s fee. The Customer is defined as any Customer that the Contractor provides service to, directly or indirectly. Contractor agrees to notify AIM if the Contractor is requested by the Customer, during the term of the Agreement or within six months of the Termination Date, to continue providing services to the Customer subsequent to the Termination Date.

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