Ours is a small business in the state of California. We have provided our client company with an employee of ours (temporary worker) who works at the client location (also in California). In our contract with the client company, we had included a clause saying they would not be able to directly hire any of our employees for up to 6 months from date of termination of our contract. However, we did not spell out any sort of amount towards liquidated damages.
Our contract with the client company is still going on (we could get a termination notice any time though). Our employee has just informed us that the client company has offered him a full time job and he has accepted it.
Do you think we could make a case against the client company here?
Answer
Sure can. The law protects you from being an unpaid employment agency.
Answer
Assuming that this in fact does breach your agreement, you certainly would have a claim, but the bigger question is whether it will be worth the time, effort and expense of pursuing one. At the end of the day, it does come down to the damages.
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis
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