Legal Question in Employment Law in California

A non hire clause on time card, legal?

I recently stopped working for a temp agency to work for the client. The temp agency has said that I signed an agreement that I will not wor for the client for 180 days after my employment with the agency has ended. This is not in my orginal contract with them, but there is a sentence in small print on the time card that I must sign to be paid., saying that I won't work for the client until 180 days after my employment with the agency has ended. I don't think that it is legal to put a large clause like that on a time card that I must sign for hours already worked is legal. Is it illegal to write that, and if so where can I find the law to reference?


Asked on 10/25/05, 5:20 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: A non hire clause on time card, legal?

Based upon the facts you state, it would appear that the restriction is non-enforceable. However, the temp agency may have a valid contract with the company you were assigned to preventing it from hiring temps for a period of time. You should talk with someone from the company you are interested in first, to see if they have any problem hiring you. If not, you may wish to have an attorney write a stongly worded letter to the agency regarding your legal rights.

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Answered on 10/26/05, 12:24 pm


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