What are my rights to work for another company if I’m employed by a staffing agency under a 3 year contract?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights to work for another company if I’m employed by a staffing agency under a 3 year contract?

I’m over half way through the contract now and the facility I’m currently placed with wants to employ me directly. They approached my agency about “buying out” my contract. The agency told them that they couldn’t afford to let me go because of my value to them. Is there any legal recourse I can take? They are preventing me from advancing in my career because of this.

Asked on December 21, 2015 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are employed under a contract, you have to review the contract to see what your rights are: contracts are enforced according to their plain terms or language. It doesn't matter if the contract restricts your options--that is the nature of *all* contracts, to obligate the parties thereto to certain behavior or options while precluding other ones. Rather, as stated, the key issue is what exactly does the contract say. If you have any doubts as to how to interpret the contract or understand it, bring it to an attorney to review with you.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption