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Standard Contracts

I'm wondering if anybody on this site has had any experience with the standard "Further Services" clause of most contracts offered to software developers by agencies, you know the bit that says we can't do any work for "the client" for 6 months after the date of termination of the contract. I did 8 days work for a client way back in March, and then I did 1 more day on July 10. Now the client is offering me a 6 month contract starting ASAP but I believe that technically because of the 1 day I did in July that I may not be able to be available to them until Jan 2003.

Does anybody know the details about this sort of stuff, or where to find out more?

Not a lawyer
Wednesday, October 23, 2002

Go ask a labor lawyer.
In my state that provision is illegal (but common nonetheless).

david
Wednesday, October 23, 2002

Your prespective employer will have to pay your agency a fee, or wait until January.

BTW, if they are aware of the agency's terms, they are being weasels and should not be putting you in thins position. But maybe they forgot the terms. Remind them and ask them what to do. If they say it's OK don't worry about it then say OK, I'll just run it past the agency since it's OK. At which point the agency will have issues with them. It's a good deal for the company -- if you sign on, they don't have to pay the fee and it's you that the agency may sue.

Atturnie in Oz
Wednesday, October 23, 2002

Screw the agency. They've made enough off you already.  Take the contract, and don't tell anyone.  Tell the agency you are working full time for IBM.  If they catch you, tell them to call your $#%@!#$ lawyer.  And make sure the client is aware of this situation.

Bella
Wednesday, October 23, 2002

Sadly, I have a feeling you already alerted the agency on this one.  They probably wouldn't have even noticed had you kept your mouth shut.

Bella
Wednesday, October 23, 2002

The fact that the element of your work that keeps your employer committed to the agency was just a single day makes the agency's case weak, if they wanted to demand the fee from the employer.

Most employers would just go ahead. Many agencies would waive their technical right to the fee in this situation.

Just Do It
Wednesday, October 23, 2002

I would think that the agency will hope that the company will want to use their services in the future so won't want to p*** them off too much...

Just my 2c.

James

James Shields
Thursday, October 24, 2002

Refund the clients/agencies money for the day

Daniel Shchyokin
Thursday, October 24, 2002

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