What are my rights to work for another company if I’m employed by a staffing agency under a 3 year contract?
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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 8 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.
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