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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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I work for a consulting firm, that has a contract with a company.

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I work for a consulting firm, that has a contract with a company. I have been on location with this company for almost two years. The company is interested in hiring me, but stated that, the contract with my company states that I can not work for them until two year after termination from my company. Is that some type of career hostage? Do my company has the legal right to have that in the contract?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. However, I am not clear on who has the contract prohibiting your employment. Are you saying the two companies have entered an agreement that the main company (the one who wants to hire you) cannot hire an employee of the consulting firm for two years after they have left the firm? Or, are you saying that you signed a non-compete that says that you cannot work for a former client or two years after you leave employment of the consulting firm?
Customer: replied 1 year ago.
The two companies has the contract, the main company brought it to my attention, that they can not hire me base on their contract. I signed an disclosure form some years back, not sure what it said. I have to try to find it, I have been with my company since 2006.
Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for the reply. These agreements are fairly common and not unusual at all. Otherwise, consulting companies would be exposed to corporate raiding of their employees. They are completely legal, even if they are frustrating. So, unless your consulting firm wants to waive their rights under the contract that they have with the company you are working for, perhaps for a "buyout" of sorts from the company to the consulting firm, they company must abide by the contract.

If the company hired you in violation of their contract with the firm, then your firm could immediately obtained an injunction keeping you from working for them and then sue both the company, for breach of contract, and you for interference with a contract.

That doesn't make this a good situation for you, but it is legal.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17269
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and 3 other Employment Law Specialists are ready to help you
Expert:  Marsha411JD replied 1 year ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 22nd. The Site has been a little buggy lately so the Experts are not always getting replies or ratings that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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