Claremont, CA asked in Employment Law for California

Q: Can my staffing agency steal my personal relationship with a company, forcing me to go through them upon hire?

The staffing agency, of which I have been employed with for some time, has not been able to keep me working consistently. Therefore, I applied at a company whom had been trying to get me to come aboard for some time. The relationship I have with the company is completely independent of the agency, and although the company is a client of the agency, in no way, have they influenced my relationship with the company.

However, the agency found out that I was hired on with the company, so they have made me work through them, instead of directly for the company. Now, since I am considered a "temp", and the company has furloughed many of their own employees, and ceased all operations using "temps", due to coronavirus, I'm sitting on the sidelines still awaiting the call back to return to work.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: The answer is: "It depends." and what it depends on is probably the contract between the staffing agency and the company. The staffing agency cannot enforce a non compete clause against you the employee, barred by statute, but they can enforce clauses against the companies that hire them, to make the companies refrain from hiring away the employees.

You should contact an employee's rights attorney in your local area.

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