Legal Question in Business Law in Massachusetts
Nonsolicitation Question
I am doing consulting work through a staffing firm. Company A contracted Company B to do the work, and Company B outsourced to me through the staffing firm. If Company A wants me to work directly for them, am I bound by the nonsolicitation clause in the agreement I have with the staffing firm?
Here is the clause:
Consultant agrees that (a) Consultant or anyone acting on its behalf, directly or indirectly will not provide or advise another of the opportunity to provide, any services to a client introduced through STAFFING FIRM; and (b) Consultant or anyone acting on its behalf, directly or indirectly, will not retain or solicit for itself or for another party, the services of any of the STAFFING FIRM�s employees or other Consultants introduced through STAFFING FIRM. For purposes of this paragraph, �introduced through STAFFING FIRM� means where a client, employee, or other Consultant came to the attention of Consultant in any manner through STAFFING FIRM.
2 Answers from Attorneys
Re: Nonsolicitation Question
The clause clearly covers the situation. Best approach would be to have Company A contact B and request that they permit you to be hired directly. Hopefully these two companies can work out a solution.
Best wishes,
LDWG
Re: Nonsolicitation Question
The clause directly prohibits you from doing consulting work for Company A directly. Your best bet is to have the two companies work the matter out between the two of them.
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