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Consequences of terminating of an unfixed term contract

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JLeo

Member
Staffing company A presented me to a small EPC company B, for an on-site job at Company C. I won the opportunity with C through the interview. A and B have been charging markups on me over the past 6 months. Supposedly, after 6 months, I will be a “direct-hire” with B and A will be out, still working at C. Then I found out it is a temporary job instead of a direct-hire. If C doesn’t need me anymore, I will have to go home. So, B is acting as a staffing company but with a much higher markup.
The client C is happy with my performance and wants to have my service for at least another year. C agreed to let me switch to staffing company D and approved a much higher hourly rate for me. I will have a higher hourly rate because D has a much smaller markup.
The problem is I have signed a contract not to accept other offers for the same assignment within 90 days after the termination of the contract.
What could be the consequences if I start the new contract with D without the permission of A?
I am in the United state.
Greatly appreciate your time and inputs.
 
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cbg

I'm a Northern Girl
I have no idea. I have not read the contract and I don't know under which set of fifty possible state laws that contract was written under.
 

JLeo

Member
Hi CBG,
Thank you so much for your quick reply. A is in Florida. B and C are in Louisiana. I live in Texas and the work is in Louisiana . The contract between me and A mentioned Florida Law.
I took a picture but don’t know how to attach it.
 

cbg

I'm a Northern Girl
You don't. But you can read the contract and see what it says the consequences would be.
 

cbg

I'm a Northern Girl
Well, then I don't know what you want us to tell you. There are no specific consequences mandated by law - they are determined by the contract.
 

LdiJ

Senior Member
Well, then I don't know what you want us to tell you. There are no specific consequences mandated by law - they are determined by the contract.

The OP perhaps does not fully understand the definition of "consequences".
 
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JLeo

Member
I'd be willing to bet that company C isn't happy enough with you to live with being sued by A and/or B.
Thank you for your input.
B will still rely on C to make money. If C wants to keep me, I am pretty sure B will not sue me.
A supposedly would be out of the picture after 6 months and I will be a direct hire with B, but this is not in the contract. It is an agreement between A and B.
A provided a job description for BM office with B, which does have perm positions. After I started the job, I found that this is with S office which doesn’t have permanent positions. I will be let go if C doesn’t need me. Because A provided the wrong information, I ended up with a direct hire salary for a temporary job. A and B have been taking a total of 70%, each 35% for the markup over my head. If A sue me, can I ask one markup back?
Without changing the total charge to C, I will make 36% more after switching to Agency D.
 
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JLeo

Member
The OP perhaps does not fully understand the definition of "consequences".
Hi, I don’t know law terms. What I was asking is what A sue me for. How much money? Or I have to leave the job? , etc. A found me through LinkedIn. I have been working directly with C, without using any resources either from A or B.
 

cbg

I'm a Northern Girl
We do not know whether A will sue you, or for how much money if they do. Nor do we know if you will be required to leave the job. Your guess is as good as ours. That sort of thing is determined, not by law, but by the contract.
 

JLeo

Member
We do not know whether A will sue you, or for how much money if they do. Nor do we know if you will be required to leave the job. Your guess is as good as ours. That sort of thing is determined, not by law, but by the contract.
Thank you very much. There are no any details on the consequences in the contract.
 

cbg

I'm a Northern Girl
As I said before, then I don't know what to tell you. It would be irresponsible in the extreme for anyone here to attempt to guess what legal consequences you might face if you broke a contract that we cannot read. Perhaps you should take all the associated documents to a lawyer who is familiar with Florida contract law.
 

JLeo

Member
As I said before, then I don't know what to tell you. It would be irresponsible in the extreme for anyone here to attempt to guess what legal consequences you might face if you broke a contract that we cannot read. Perhaps you should take all the associated documents to a lawyer who is familiar with Florida contract law.
Thank you for your advice. I will find a lawyer to review the documents. Have a good night.
 

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