I'm new to the world of contract employment and would like advice on how in proceed in this arena. I received a Monster cold call yesterday with an opportunity in my field. The pay was amazingly low and the agency wanted me to sign a contract that prevented me from looking for work for the term of the contract. I found the whole process disturbing. I'm as desperate for work as they come, but I can't bring myself to sign away future earning potential. Is this normal? I always thought exclusive agreements required higher wages. Is the market really that screwed up? Either way, I chose not to sign and will never know if I made the right decision. PS- The agency declined my request to review the actual contract. They wouldn't start the process until I agreed to a specific wage and term.
They can't enforce that rule because you have a right to better yourself. NC is a no fault state and they can fire you at will. Therefore can't make you not seek better opportunities.
Actually because this state has such terrible labor laws and we are a work at will and fire at will state it is exactly why the employer can "try" and make them sign something saying they cannot look elsewhere while under contract with them. It is just the employee can choose not to sign it.
Exactly. Employee and Employer can sign away employment rights, which is the purpose of contracts. Usually found in "no-compete" contracts, especially in insurance sales where many companies will have you sign a contract that you will not work with another company that sells that type of insurance for 18 months.
Forget about everything above the "PS-"!! Ask yourself, "What kind of company won't let you review a 'complete' contract package you are going to sign??" I've signed 3 "No compete" contracts (CNC). They can legally restrict you from divulging or using proprietary / confidential trade methods or secrets. That's fair and understandable. But, rarely, can they restrict you from gainful employment in your field as long as you've had measurable experience in the field prior to signing the CNC. If there's a severance package in your employment contract, they will use the CNC for non-payment if you take new employment in the same field. Never tell them where you are going when you quit. Tell them you're taking a sabbatical. And wait 1 month before starting your new job. To enforce the CNC the appellate courts have ruled that an employer must prove that the contract restrictions will not harm your future employment ability, are absolutely necessary to protect their business, and will not restrict trade competition to the public in your market area. Check the convening jurisdiction noted in the CNC. Some companies use CNC friendly court states in the contract so they can strictly enforce them. That's my past experience with them, but with the current market conditions, get a lawyer to review it for you. Even if you beat the CNC, they can drag you into costly law suits on technicalities during the 1 year period. I made it an employment contract condition with new employers to cover all costs in fighting prior 'no compete' contracts. PS: If you sign an "Employee Policy" manual, make sure you read it completely. They've been known to hide reinforcement to the CNC in it.
