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krudy · Nov 29, 2007, 05:24 AM

I am a IT contractor working for a oil compnay in NJ. My rate is 35.00 per hour. I just found out my recruiter is being paid 67.00 dollars per hour. I do not receive any medical, holidays, sick days, personel days or vacation. I am looking for a new recruiter but I signed a non compete saying if I leave this ty company (MODIST) I can not work at the oil company I am currently working at for 18 months. I am stuck. If anyone has any experience getting out of this let me know. I guess I need to hire a lawyer.

excon · Nov 29, 2007, 05:42 AM

Hello krudy:

If an agreement is unconscionable on its face, it isn't enforceable. YOUR contract sounds like one.

The first thing I would do is quit and get hired at the oil company or another recruiter. Send your recruiter a certified letter quitting and saying that if he sues you, you'll sue him back.

IF he sues you, THEN you'll need a lawyer.

excon

JudyKayTee · Nov 29, 2007, 08:48 AM

Originally Posted by krudy

I am a IT contractor working for a oil compnay in NJ. My rate is 35.00 per hour. I just found out my recruiter is being paid 67.00 dollars per hour. I do not recieve any medical, holidays, sick days, personel days or vacation. I am looking for a new recruiter but I signed a non compete saying if I leave this ty company (MODIST) I can not work at the oil company I am currently working at for 18 months. I am stuck. If anyone has any experience getting out of this let me know. I guess I need to hire a lawyer.

Check with the Dept of Labor - non compete agreements have, for the most part, been found illegal in NYS. Might be the same thing in NJ.

ScottGem · Nov 29, 2007, 09:00 AM

This is not really a non compete clause if I understand you. What I'm hearing is that you got your job through a recruiter. That the company is paying the recruiter $67/hr of which they give you $35/hr. So what you are asking is whether you can get a new recuriter and still continuing working for the same company.

I think the answer to that is no. You entered into a contract with the recruiter to find you work. To stop working at the job they found for you then go back to work for them on your own or with another recruiter is essentially cheating them of the compensation they are entitled to for finding you a job. I believe that contract is enforceable.

What I would suggest is seeing if the oil company will take you on as a permanent employee. Most contracts like yours have a provsion where the recruiter gets a lump sum if the contracter is hired full time.