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Unable to work for client through other agency

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  • Unable to work for client through other agency

    I work for Subcontractor A, this company is an agency of Contractor B1, who is also an agency for Company C. So I have two layers of companies between me and the final client to whom I perform my job activities.

    Currently I have no benefits other than my salary. And I found a Contractor B2 who is willing to hire me (with benefits) and keep me working for Company C (which has been very supportive regarding this change).

    I talked with Subcontractor A, who was willing to release me to be employed directly by Contractor B1, but they said that won't release me to work for another agency. They say they won't sign a release unless I provide a document stating that I won't work for other company than the Contractor B1 because it says so in my contract.

    I double checked my contract and it doesn't say anything about not working for any competitor (anyways I think they must have a clause on their contract with contractor B1).

    Am I obligated to provide that document? Do I have any other option?

    I physically work on California with Company C. Subcontractor A is on MA, as well as my contract.

    Any help is welcomed, than you all

  • #2
    This is maybe complicated/
    - You do not need to sign anything, and you probably should not sign anything.
    - HOWEVER, at issue is not just your agreements (if any) with the agency, bu the agency's agreement with the client. It is very common when you hire a temp for the client to sign a no-poaching agreement with the agency. This usually requires the client to pay a large fee to the agency if the directly or indirectly hire the worker. I do not know for sure that is what is happening here, but it is a possibility.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      You have no legal obligation to sign anything, no. But likewise, your agency has no legal obligation to release you if you do not. Just because you don't have a non-compete clause doesn't mean that Subcontractors A and B don't have a mutual no-poaching clause.