Can I get hired direct without breaking my Restrictive Covenant?

UPDATED: Oct 1, 2022

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Can I get hired direct without breaking my Restrictive Covenant?

So I got hired through a staffing agency to work for Company A. There is a
Restrictive Covenant in my contract stating that I cannot work for Company A
within 180 days of my contract termination. The only problem is, my contract does
not have an end date on it it only says that I am employed to work for Company A
for a ‘temporary period.’

Does this mean my company would never be able to hire me unless I quit and come
back after 180 days?

And if the contract did have an end date, do I still have to wait to get hired
direct until 180 days after the end of the contract?

Asked on November 22, 2017 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The answer is yes to both your questions:
1) If there is no end date specified, the end date is when you fact stop working on this assignment--you therefore could not be hired by company A until 180 days after you stopped working for them through the staffing agency.
2) If there was a specified end date, you'd have to wait until 180 days after it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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