I am a computer programmer. I am an employee of a large insurance company with a large technology division. My company also works with contracting firms to hire contract programmers on a temporary basis. There is an agreement between my company and the contracting firms it uses that prevents the contracting firms from recruiting from my company. My company apparently has contracts with most, if not all of the contracting firms in the area.

I am looking for a new programming job in my area. However, almost all of the companies in my area now do their technology hiring through these contracting firms. The contracting firms know that I am an employee of one of their clients and will not talk to me until I give notice that I'm going to quit. I don't want to quit until I have a new job lined up.

This has essentially kept me from being able to find a new job in my area as a programmer. I never signed a non-compete clause with my employer or anyone else. Is an agreement between my employer and other companies, but not myself, that essentially keeps me bound to my current employer, legal? If it is not legal, what can I do about it? All I want is to be able to find a new job without interference from my current employer.

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Originally Posted by tech_geek

I am a computer programmer. I am an employee of a large insurance company with a large technology division. My company also works with contracting firms to hire contract programmers on a temporary basis. There is an agreement between my company and the contracting firms it uses that prevents the contracting firms from recruiting from my company. My company apparently has contracts with most, if not all of the contracting firms in the area.

I am looking for a new programming job in my area. However, almost all of the companies in my area now do their technology hiring through these contracting firms. The contracting firms know that I am an employee of one of their clients and will not talk to me until I give notice that I'm going to quit. I don't want to quit until I have a new job lined up.

This has essentially kept me from being able to find a new job in my area as a programmer. I never signed a non-compete clause with my employer or anyone else. Is an agreement between my employer and other companies, but not myself, that essentially keeps me bound to my current employer, legal? If it is not legal, what can I do about it? All I want is to be able to find a new job without interference from my current employer.

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If it's the policy of the prospective new company/companies I see nothing illegal. Your option would be to sue to force them to interview you (which pretty much would end that career opportunity), which I'm sure you can see makes no sense. Each employer is entitled to make rules and unless your rights are violated they are within legal boundaries.

Your rights are not being violated.

This is not terribly uncommon - same thing in a lot of professions.

No there is nothing illegal, you need to contact the people you want to work for, and explain you can't be hired though those firms, because of their contract they have with your company.