Can I get hired direct without breaking my Restrictive Covenant?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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