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I work in IT in New York, NY and I've been between jobs for a few months now, doing online training and the like in the meantime. I just got an offer letter pending background check as a contractor for a 10 month project for a very well known company in the financial industry. Trouble is, around the time this NJ-based contractor company got back to me, the company itself directly contacted me about a permanent position in a different department. I just had the second phone interview today for the permanent position and I think it went very well. But I was invited on-site yesterday with a few hours notice for the contractor position and was told they wanted me on board before I even got home. I'm starting to go stir-crazy and my unemployment, which barely covers my rent and food, ain't going to last forever. Anyway, I just got the tentative employment letter for this contractor position and it states (direct quotes, company name replaced for privacy reasons): 1. "You are expected to commence employment around (Yet to be confirmed)" 2. You agree that while this Agreement is in effect and for one year after it is no longer in effect, you as an employee shall not, directly or indirectly: (a) perform any services in any capacity for any actual client of $COMPANY (b) canvass, solicit or market services to, or cause any business or entity to derive business from any actual client of $COMPANY; and/or (c) hire, employ or otherwise engage, any $COMPANY employee or contractor or influence, canvass or solicit any $COMPANY employee or contractor. 1 alone raised my eyebrow, and 2a seems to me that, if the company directly extends an offer after I sign this, I'm utterly hosed. If that were to happen, considering it would be permanent, pay approximately the same, and have benefits out the rear end vs. this contractor position's zilch, angry would not even begin to describe me. Therefore, I come here seeking advice on how to handle this. Should I be completely honest with them and say "Due to the stipulation of 2a, I cannot sign this as it stands because I am talking to the company directly for a full-time position. Either 2a is removed or I will have to wait until a definitive answer from the company directly, which could be weeks"? Does anyone have any idea of the likelihood of a company agreeing to that? Is it possible or is the answer "it's amusing you're even asking that"? Should I just write this off and hope for my three on-site interviews this week, all of which are permanent (Soul-Cycle, a media company, and an ad company) go through? Or something that escapes my thought processes? For a bit more context, 2018 was 3 positions that I all regret taking because they were not as described, I left after a few months, and the short stints look bad. I'm trying to avoid continuing this trend, but... did I mention that unemployment insurance + NYC rent is not a good combo and that sitting around studying all day is driving me up the wall?
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Dec 11, 2019 01:00
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| # ? May 18, 2024 01:47 |
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Just as a heads up, the Negotiation Thread usually covers this stuff and you'll get a lot more eyeballs on your post immediately.
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Dec 11, 2019 01:25
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Yeah I'd check with the other thread, especially about how enforceable non competes are in NY. In some states like CA they're basically non-enforceable, but a quick google does say NY allows them but has restrictions and tests. How far removed from the contract position is the full time? And for that matter could the temp position become a longer term with either company? Also is this specifically a project that seems to have a limited scope? Like installing and rolling out $software, or is it part of a longer term support for some infrastructure? Is it very similar work where the contractor could argue trade secrets are a risk? Or is it very different ends of the computer toucher spectrum? Because part of the NY enforceability test looks like part of it is "can they materially prove your violation hurts them?" But that said, I'd start by asking for a week or so to consider the offer, or otherwise give an excuse if you can. Then bring up with the NY company that you have an offer letter in hand -though I wouldn't say for what. Ask what their timetable would be to make you an offer since you think they'd be a better cultural fit and something that could be longer term. I don't know where you're at cash wise, or how worried you are about finding work again after the temp gig. I can see two main paths for you to try 1. Use the temp job so you can show you've done <higher skilled> work, and pad your resume with some real world experience to match that training you're doing. This lets you pursue a higher salary after that window. The risk there is you gotta still have a warchest (or rebuild one) in those 11 months, and you might not land a new job quickly afterwards. 2. Hold out for a longer term job to avoid another short stint on the resume. In that case you gotta have that warchest now. Also keep in mind there's no guarantee $COMPANY will have a position for you after the contract with the NJ company ends, hell they might even have a policy about poaching contractors. So "Will this non compete hurt me?" might not even be a real issue. Personally I'd lean towards if you take the temp position, signing it and ignoring it, but I'm also in a jurisdiction where the contracts can't be enforced and it's largely there to avoid to cutting them out of the loop and negotiating to do the same job but pocketing their cut, or harvesting their rolodex/using connections from them to get your future employers their clients. I'm also a very stupid man.
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Dec 11, 2019 09:10
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In general, being completely honest gives up too much information. The less information they have, the better your negotiating position is, all else equal.
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Dec 12, 2019 04:20
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It's likely you can't ignore clause 2a even if it's not enforceable as the client company likely also has a restriction to not hire you, potentially with a buyout.
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Dec 13, 2019 09:32
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