Comment Re:Is it legally binding (Score 1) 398
I was made to sign a document wherein I could not negotiate employment with a client company directly. A lawyer told me that document does not hold up in court because no one can stop you from looking for work.
That one I'd check on. They can't stop you from looking for work, but they can hold you liable for the costs to the recruiting firm of replacing a temp worker and you were in breach of contract. So you might have to pay tens of thousands in damages to the temp agency.
The real question is the agreement legally binding. Laws very state to state, and as my lawyer pointed out what is enforceable today may not be tomorrow since courts decide these types of cases a lot. They can always sue but if they have little chance of winning and / or there is very little money at stake may simply let it ride.
If it were me and a client wanted to hire me as an employee and not a contractor, I'd let the client know I need to discuss this with the agency due to my employment contract and then reach out to the agency. That way I'd be completely up front with everyone and have the client watching out for my back as well. Chances are the agency doesn't want to upset a client and may already have contractual agreements to deal with such a circumstance. Quite frankly, every place that I've worked it's never been an issue hiring contractors as employees; the agency wants to keep good relationships and having an ex-employee, who left under good terms, at the client is a plus as well.