As a contractor of a staffing firm, can I accept a job offer from a company I was contracted to if I signed a non-compete agreement with the staffing company?
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As a contractor of a staffing firm, can I accept a job offer from a company I was contracted to if I signed a non-compete agreement with the staffing company?
I worked for Company A. They contracted me to Company B who in turn contracted me to Company C. A week after leaving Company A, Company C offered me a full-time position with their company that I would like to accept. They confirmed they have no business relationship with Company A, only Company B. Can I accept the job with Company C or will I risk being sued for violating the non compete/ nonsolicitation agreement I signed with Company A?
The agreemnt I signed reads,
Asked on July 28, 2018 under Employment Labor Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Your answer is found in Section 4.1, where "company" and "client" are defined. If Company C meets the definition of a "client" of the "company" (presumably A) you were contractually deemed to work for, then you cannot work for them--it is barred by the nonsolicitation agreement. If C is not a client of A under the contract, or B is not also considered the "company" you worked for under the agreement, you are free to this. The definitional section of your agreement will answer you question, since contracts, including non-competes, are enforced according to their plain terms.
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