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Consulting contract nightmare

 
 
rasta12
 
Reply Wed 18 Aug, 2004 01:03 pm
Hello,

I currently work for a so-called consulting firm and have been for 2 months. The consulting firm has a contract with company X, and I am onsite now working with the regular employess at company X. I would very much like to become a permanent employee of company X, and have been approached by at least two managers that would like to hire me. However, there is some sort of agreement between Company X and the consulting company that I work for, stating that Company X cannot hire any of the consulting firms employess. (At least that is what I have been told by my management). Of course I have never signed anything to that effect.

My question is what, if any correct way do I proceed in trying to become an employee of company X , (since I am wanted), without burning any bridges and becoming the most hated person on the planet? As with any career move timing is critical... and Company X won't wait around for ever.

Any advice or help would be greatly appreciated.
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jespah
 
  1  
Reply Wed 18 Aug, 2004 01:21 pm
How about speaking with your contact in the contracting company and find out how they handle transitions to permanent employment? The contracting company doesn't want its workers poached by other companies, but at the same time, it has to have dealt with this kind of thing in the past. Perhaps the agreement can be renegotiated, particularly if the perm company is willing to pay the temp agency a finder's fee for the fact that they found you and have provided you to the perm company, as it were.

It's entirely possible that you will end up beholden to your contract for its full term. This isn't anyone being a jerk about things, it's just the contracting company exercising its rights. After all, if you signed an agreement to be available for 6 months, and only 2 months have gone by, you're most likely out of luck for the next 4 months. You will, of course, need to make this clear to management at the company where you want to be a permanent employee.

And, the same thing applies there. Surely they have dealt with this sort of thing before. And, they should understand what a contract entails and not put you in a position wherein you would be potentially considering breaching your contract. Because, if you did - then you're on the hook for breach and the perm company is on the hook for not only breach (not of your contract, but of theirs with the employment agency) but also for tortious interference with a contract.
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eoe
 
  1  
Reply Wed 18 Aug, 2004 01:23 pm
If Company X can guarantee you, in writing, that there's a position there for you and you agree on salary, then I'd suggest that after you are absolutely, positively sure that you want the position, quit the consulting firm and free yourself up to take the new position.
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Region Philbis
 
  1  
Reply Wed 18 Aug, 2004 01:25 pm
if it would improve your situation, i don't see why you couldn't go ahead and leave the consultant and join company X.
its just business -- people change jobs all the time.

welcome to A2k!
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