Non Compete Clause

[98slvrcx]

What is the name of your state (only U.S. law)? Ohio

Greetings,

this is actually for friend needing some general advice.

she works for company A, who is contracted by company B for various office positions. She then applied with company C, who is also a contractor for company B and it happened that the position was within company B. She interviewed for the position with company B, who liked her and a week later Company C offered her the position (so she will be working for company C, as a contractor within B).

Now her current employer (company A) is throwing a fit about this, how she is in violating the employment contract etc. They say she can't work for their customers************** which according to common sense shes not because she will be working for C, not B.

What do you all think ?

 

[cbg]

I think that no one who has not read her contract can say.

 

[pattytx]

I have no freaking idea which company is which any more in the above scenario.

I can say, though, that I have been in similar situations, being registered with several staffing agencies. In this (relatively) small market I'm now in, it is not unusual to have companies source temporary positions with several agencies. First come with the best candidate, first served with the assignment. And the agency agreement with the customer normally contains clauses about what happens if Staffing Agency A and Staffing Agency B present the same candidate for the same position (or even for another position, because it was Staffing Agency A who brought the candidate to the customer to start with). Very, very common.

Just recently, I was contacted about a temp assignment with a staffing agency I had been registered with for a while. While waiting for the telephone interview to be scheduled, another agency found my resume on Monster.com and contacted me regarding a position that sounded very similar. When I called second agency back, I said "does this position happen to be at Company X?" When the response was yes, I had (ethically) to tell them that I was already being represented by the first agency to contact me. In fact, first agency required that I sign a statement to that effect and my responsibilities should another staffing agency contact me re: the same position.

BTW, I got the gig, and I need to get back to work now.