Can you switch recruiting agencies mid-contract?
October 17, 2018 7:29 AM Subscribe
My partner is currently fulfilling a year-long contract at a government office in Boston, MA. He was placed there and is technically employed by a recruiting agency, but ever since he started he has been approached by other agencies offering him the same position for more money. Can he switch agencies?
Earlier this year, my partner started a contract position that is expected to last a year. The rate wasn't exactly high, but it was a promise of steady work with good experience for a year's time, so we weren't going to question it too much. This was fine, until he started receiving emails from other agencies for the same position for a much higher rate. He asked his own agency about this and they were as wishy-washy as one would expect. Could he switch agencies and be re-hired to this position? Can his manager request him from a (new) agency?
Earlier this year, my partner started a contract position that is expected to last a year. The rate wasn't exactly high, but it was a promise of steady work with good experience for a year's time, so we weren't going to question it too much. This was fine, until he started receiving emails from other agencies for the same position for a much higher rate. He asked his own agency about this and they were as wishy-washy as one would expect. Could he switch agencies and be re-hired to this position? Can his manager request him from a (new) agency?
If I saw my company putting out feelers for my position, I'd be inclined to believe I'm not going to be asked back. I think your partner should inquire about his situation at the end of the contract before proceeding.
posted by JoeZydeco at 7:34 AM on October 17, 2018 [2 favorites]
posted by JoeZydeco at 7:34 AM on October 17, 2018 [2 favorites]
Response by poster: I should add that the organization is adding more of his position, so it's not a worry they are eliminating him (although I am aware that contracts could end, etc etc).
posted by thefang at 7:47 AM on October 17, 2018
posted by thefang at 7:47 AM on October 17, 2018
Start by reading the contract.
posted by craven_morhead at 8:16 AM on October 17, 2018 [2 favorites]
posted by craven_morhead at 8:16 AM on October 17, 2018 [2 favorites]
Contracting companies virtually always contractually forbid working for the same company unless it's through them or at or some period of time after the contract ends. Some go so far as to try to make it *any* company that they do contracting for.
posted by Candleman at 8:25 AM on October 17, 2018
posted by Candleman at 8:25 AM on October 17, 2018
Does he want to burn his relationship forever with that contracting company and any other contracting company that recruiters from that company end up moving to in the future? Nope. Use it as a negotiating point with his current company and get a raise instead.
posted by matildaben at 10:53 AM on October 17, 2018
posted by matildaben at 10:53 AM on October 17, 2018
Best answer: He needs to check his contract, and talk with his employer. Odds are, he's not forbidden from quitting work with them and hiring on with another staffing agency - but his employer may be forbidden by contract from rehiring him, or may have to pay a penalty if they do so.
State laws vary widely in how they support this. California has strong worker protection laws; non-compete clauses are almost unenforceable here, but I doubt that extends to protecting companies who've signed contracts about staffing company restrictions.
I would think that he'd be okay - that he could quit working for Agency A at Company C, and he can be hired by Agency B, and where they place him is not relevant to Agency A. It's not like Agency A has any control over where Agency B places its workers, and while C may have a contract with A not to just hire workers directly, they don't have a contract that says they won't staff A's ex-employees--if the contract were up, he'd be able to drop A and switch to B and get re-hired.
However, he'd want to be very sure he's talked to both Agency B and the company he actually works for - and talking with HR, not his manager, who likely knows almost nothing about the staffing contracts. Be direct and open about what he wants to do: Quit working for A, take a job with B, and be staffed at C doing the same work he does now. Don't try to be sneaky about it, because he needs to have as much verification as possible in writing in advance, before he gives notice and hopes that he can just continue going to work through a different company.
posted by ErisLordFreedom at 11:08 AM on October 17, 2018
State laws vary widely in how they support this. California has strong worker protection laws; non-compete clauses are almost unenforceable here, but I doubt that extends to protecting companies who've signed contracts about staffing company restrictions.
I would think that he'd be okay - that he could quit working for Agency A at Company C, and he can be hired by Agency B, and where they place him is not relevant to Agency A. It's not like Agency A has any control over where Agency B places its workers, and while C may have a contract with A not to just hire workers directly, they don't have a contract that says they won't staff A's ex-employees--if the contract were up, he'd be able to drop A and switch to B and get re-hired.
However, he'd want to be very sure he's talked to both Agency B and the company he actually works for - and talking with HR, not his manager, who likely knows almost nothing about the staffing contracts. Be direct and open about what he wants to do: Quit working for A, take a job with B, and be staffed at C doing the same work he does now. Don't try to be sneaky about it, because he needs to have as much verification as possible in writing in advance, before he gives notice and hopes that he can just continue going to work through a different company.
posted by ErisLordFreedom at 11:08 AM on October 17, 2018
Never had this happen to me (sigh), but I know the company I used (my employer) has a contract with the company where I work that they cannot recruit me as an employee, or contractor, for six months after my contract ends. Otherwise a largish payment is required to be paid to my employer.
Maybe the labour market for your partner's skills has tightened, maybe the margin between what they are paying and what they receive is greater than the competition. Whatever the reason, tread carefully and try and suss out exactly what is going on and why, and what the particular pitfalls may be. Start with a good read of the paperwork, especially his employment contract.
posted by GeeEmm at 2:08 PM on October 17, 2018 [1 favorite]
Maybe the labour market for your partner's skills has tightened, maybe the margin between what they are paying and what they receive is greater than the competition. Whatever the reason, tread carefully and try and suss out exactly what is going on and why, and what the particular pitfalls may be. Start with a good read of the paperwork, especially his employment contract.
posted by GeeEmm at 2:08 PM on October 17, 2018 [1 favorite]
He’s likely stuck for the year. After that, he can negotiate with the company he’s with for future terms. If he’s doing well, the company will typically make it worth him staying to avoid annoying the client and the cost of placing someone different.
posted by Kalatraz at 10:43 PM on October 17, 2018
posted by Kalatraz at 10:43 PM on October 17, 2018
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But I have had contractors successfully negotiate a raise with the company, that is then honoured by the Agency.
posted by Ftsqg at 7:31 AM on October 17, 2018 [1 favorite]