There are a lot more protections against these sort of sharp practices in Europe.
A few years back I had a contract finish up due to the company having some financial problems. I was in the middle of a large project for one of their clients who was not impressed to be faced with a junior developer trying to finish off the project. I was approached about working for them directly, and discussed this with the agency my old contract had been through. I was assured there were no problems/obstacles.
Well, I figured what the hell! Cut the agency too. I found the work (well, it found me), and they weren't prepared to handle the contract on a cut rate so I went direct.
The agency ignored this, but the company I'd been working for earlier was furious. I got a stinking letter from their Financial Director threatening all sorts of legal action, accusing me of breach of contract, etc., etc.
Of course, I'd never worked for them. I'd worked for the agency, and they wanted nothing to do with it. A brief chat with my lawyer resulted in the following "fun" legalese...
"...
I have to reiterate that no contractual relationship exists, or ever existed between us.
Furthermore, I have to note that the non-competition clause in the non-applicable contract you refer to is in conflict with art. 85 EC Treaty 25/03/1957 and is therefore null and void.
Secondly, this clause brings an inequality between parties and increases the obligations and duties of one party in such a manner that there exists an unacceptable misbalance between the duties and obligations of the two contract parties and is therefore null and void. "
Slashdot Mirror
There are a lot more protections against these sort of sharp practices in Europe.
;-)
A few years back I had a contract finish up due to the company having some financial problems. I was in the middle of a large project for one of their clients who was not impressed to be faced with a junior developer trying to finish off the project. I was approached about working for them directly, and discussed this with the agency my old contract had been through. I was assured there were no problems/obstacles.
Well, I figured what the hell! Cut the agency too. I found the work (well, it found me), and they weren't prepared to handle the contract on a cut rate so I went direct.
The agency ignored this, but the company I'd been working for earlier was furious. I got a stinking letter from their Financial Director threatening all sorts of legal action, accusing me of breach of contract, etc., etc.
Of course, I'd never worked for them. I'd worked for the agency, and they wanted nothing to do with it. A brief chat with my lawyer resulted in the following "fun" legalese...
"... I have to reiterate that no contractual relationship exists, or ever existed between us.
Furthermore, I have to note that the non-competition clause in the non-applicable contract you refer to is in conflict with art. 85 EC Treaty 25/03/1957 and is therefore null and void. Secondly, this clause brings an inequality between parties and increases the obligations and duties of one party in such a manner that there exists an unacceptable misbalance between the duties and obligations of the two contract parties and is therefore null and void. "
They didn't bother me no more.