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I am an Independent contractor in Toronto, ON. I am having…

Customer Question
I am an Independent...

I am an Independent contractor in Toronto, ON

Lawyer's Assistant: Have you documented this or discussed it with HR?

I am having an dilemma joining the End Client..as a contractor

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It's full time 40 hours a week..

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Hmm.. I have the clause in my contract..

Submitted: 8 months ago.Category: Canada Law
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Answered in 2 minutes by:
11/28/2017
Lawyer: Debra, Lawyer replied 8 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,004
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 8 months ago

I am sorry to hear that it sounds like you are in a difficult situation.

But I don't really understand that facts or your specific question.

Please set out the facts and then your question.

Thanks

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Customer reply replied 8 months ago
Thanks Debra. I want to share the clause with you. It is like below :Contractor acknowledges that PlanIT Search has established business relationships with Accenture for whose projects PlanIT Search may engage contractor to provide services. Contractor covenants and agrees that they shall not provide services or work of any kind or enter into any agreement of employment or agency, directly or indirectly, for Accenture (or its subsidiaries or end-clients) during the term of a project, and for a period of one (1) year following the conclusion of such project except with the written consent of PlanIT Search. Violation of the non-competition paragraph will include any remedy to PlanIT Search as determined by appropriate governing party.b) The client may enter into discussions to negotiate with PlanIT Search terms under which the client might hire the contractor directly. Should the client and PlanIT Search not reach terms and an agreement in writing, the provisions of paragraph 5a) shall apply
Customer reply replied 8 months ago
Now if I want to join the End client of Accenture, the recruitment agency is stopping me to join. But they have not offered me any job in last 3 weeks and when I got the opportunity they are trying to get between me and the client..
Customer reply replied 8 months ago
Point 1 they have not offered any job in last 3 weeks.
Point 2 The immediate client Accenture has no issues with me joining the end client.
Lawyer: Debra, Lawyer replied 8 months ago

This contract with the non-competition clause is between you and PlanIT and not Accenture, is that correct?

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Customer reply replied 8 months ago
Mam
Lawyer: Debra, Lawyer replied 8 months ago

Did you understand what you were signing when you signed this non-competition?

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Customer reply replied 8 months ago
mam..I did..
Customer reply replied 8 months ago
But the issue is PlanIt hasn't help to get the next contract though after follow up and now when I got the opportunity by applying directly at the client website and told them to send their consent they are trying to get in between.
Lawyer: Debra, Lawyer replied 8 months ago

Is the contract with them over with?

Are you looking for jobs apart from anything relating to Accenture?

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Customer reply replied 8 months ago
The contract is going to be over on 30th Nov. I am looking anything apart from Accenture. So this end client opportunity, I saw it in LinkedIn and applied.
Customer reply replied 8 months ago
Trying to understand is it enforceable if the contract is ending and there is no further relation with the agency and what might go wrong.
Lawyer: Debra, Lawyer replied 8 months ago

But it is enforceable because it extends for one year beyond the expiration of the contract. You agreed to be restricted for one year unless they consent in writing.

So there is no reason why I can see that you can use to argue it is not enforceable after November 30.

What might go wrong is that they will sue you if they see you have breached the contract. You can ask them for their consent but if the won't give it then you are not permitted to be employed by an end client as you agreed not to do so.

Do you see what I mean?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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