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..so that I can work as an independent contractor directly with the client? Let me start out by saying that the reason that I want to do this is because the agency lied to me: They told me that the position which I interviewed for last week was going to start immediately. During the interview, the client told me that the position starts mid-Jan of next year. To make matters worse, I found out from other agencies calling me about the same position that this agency low-balled me (although during that conversation I never agreed to accept the rate that they were offering, I just listened to what she was saying). That's two strikes, and in my book they're already out.
Since the agency has a non-compete clause in the contract for this particular client, I was going to wait until the end of the assignment, which is in June of next year, to approach the client about hiring me directly at that time. Now, I want to do it now. I don't want to work for an agency that utilizes unethical hiring practices; I've been burned before to a great extent by such an agency. If they are lying to me now, they will continue to lie to me. They (agency) was quick to inform me "not to discuss salary with the client because that's what they were for". As you can imagine, that comment didn't sit well with me.
I signed electronic paperwork that included permission for background checks, drug tests, etc. and a contract that did not even have the rate of pay, start date, end date, the position, or the non-compete clause written in. The rep at the agency had written on the contract that the non compete clause would be written in on a new contract that I would be sent to sign when the agency received the formal offer from the client. All the contract has on it is my name and the name of the client. I have pointed out to the agency that the position is supposed to start immediately, and here it is three weeks after I was told this, it's also posted on their ad on indeed, and they are continuing to lie to me. They have even told me that they have contacted the clients purchasing dept. to speed up the "hiring process".
Can I approach the client and inform them that I was mislead and ask them to hire me independent of the agency without any repercussions? Legally, it seems that I have a valid reason to do this without penalty imposed by the staffing agency because financially I really cannot wait until mid Jan. I need to be working now.
So, tell me how to break with the agency now and work directly with the client to be hired. Thanks. I'm expecting a hiring decision to be made by the client any day now.
The company has a contract with the agency and non-compete is part of that too.
I need you to explain how that applies in my situation. I would approach the company myself. Again, the staffing agency lied to me.
Anyway, I don't think the client has a contract with the agency. I looked on indeed.com. All of these agencies are advertising the very same position with the very same client. I haven't accept or been offered the job yet. I do not want to work for this lying agency, but I still want to work for the client.
I need you to explain how that applies in my situation. I would approach the company myself. Again, the staffing agency lied to me.
The company will have an agreement in place with the staffing agency to prevent this. If the company wanted to , they could pay the staffing agency to release you to them but you haven't even put a foot in the door yet so why would they want to spend money on an unknown?
The company will have an agreement in place with the staffing agency to prevent this. If the company wanted to , they could pay the staffing agency to release you to them but you haven't even put a foot in the door yet so why would they want to spend money on an unknown?
There is no non-compete clause. That is why I decided to go with this particular agency-before I found out that they were unethical.
If I can't get out of this "blank" contract (see initial post), how much should I expect this corrupt agency to pay me per hour? I discovered, by doing some digging, that they are charging the client $72 an hour for my professional services. I did get some feedback on that. However, I would like to see what the responses look like on here.
When staffing agencies are unethical, which I'm finding is more often than not, they function on the order of your quintessential "pimp'.
The contractual obligation is between the agency and the employer, you aren't a signatory. The company agrees not to hire temps brought to them by the agency, as you were, without paying the agency a finders fee.
So the company is free to hire you directly, they may not want to though as it will be expensive.
As to the hourly rate, I can only give vague comments. My experience in hiring temps is at the low end of the market, and the agency more or less doubled the hourly rate. I don't know if this ratio holds true for more skilled temps.
Why did you go through the staffing agency in the first place? Did you not find any value in them locating the job for you?
The contractual obligation is between the agency and the employer, you aren't a signatory. The company agrees not to hire temps brought to them by the agency, as you were, without paying the agency a finders fee.
So the company is free to hire you directly, they may not want to though as it will be expensive.
As to the hourly rate, I can only give vague comments. My experience in hiring temps is at the low end of the market, and the agency more or less doubled the hourly rate. I don't know if this ratio holds true for more skilled temps.
Why did you go through the staffing agency in the first place? Did you not find any value in them locating the job for you?
Hi. I don't know why my post is not being understood. I understand that the contractual obligation is between the agency and employer. It's called a non-compete clause. The agency doesn't have one for this particular client. The client does not have to pay the agency anything in order to hire me after the assignment is over. So, if I don't accept the assignment through the agency, I'm wondering if I can then go to the employer and be hired as an independent contractor by them with the agency out of the picture. Maybe I just answered my own question...Doesn't this mean that I am free to turn down the offer presented through the agency, go to the client and tell them that the agency was dishonest, and then ask them to just hire me on as an independent contractor? Then I would start early next year as the client had stated to me that that is when the position really starts. That would mean that I would get my own background check, drug screen, and invoice the company myself and take the "pimp agency" out of the equation.
The value in going through the agency was for them to get me in front of the client's hiring manager right away so that I could truly obtain a position that started "immediately". They said that this was what this position was; they lied. There was never an "immediate" opening. This position doesn't start until the middle of next month. And even if I get this job, I now have to go and get another one to bring in money until I can start next month because it isn't an immediate start date. I don't appreciate being lied to.
I guess the confusing is coming in because I stated that the "non-compete clause" would be on my contract. The agency rep is putting in on there so that I have it in writing that they do not have a non-compete clause with the client. That is what I meant.
Last edited by dessertlover; 12-12-2016 at 07:22 AM..
It is not a Non-Compete Clause, it's an Anti-Poaching Clause!
Essentially, the client has agreed to pay the temp agency a fee for you working for the client. In the event the client decides to hire you as their own employee, the anti-poaching clause (usually within a specific time period of 30-180 days after your last work day with the client), will require the client to pay the agencies usual and customary employment agency referral fee to release them from the anti-poaching provisions of the contract they have with each other.
This is not a non compete as the employer and the agency are not saying you can;t work work for each other. So although you are free to seek employment with the client, the client has to decide if your worth the extra lump sum payment. If they like you, they hire you as there is no on compete; they just fork over the employment fee to the temp agency. Does that clear it up?
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As you can imagine, that comment didn't sit well with me. 
