I am an employee working for an agency out of MA, I live and work in NH.
I have been working for their client for about 20 months, and they want to hire me full time.
My contract does not have an end date. However it does have a clause that states "If any work is performed during the term of the agreement or within 12 months of its termination date it is understood that this work will be performed through (the contracting agency)"
Then it also states that either the client or the employee will have to pay a 20% of first years salary finders fee. Is it legal to imply an "Or" statement?
It also states any of the 3 parties involved can terminate the contract at any time, would I still be bound by the above clause if I terminate it?
Employment / Labor Attorney
You have posed many well thought out and important questions regarding the terms of your employment.
However, to give any type of assistance in interrupting a contract, the contract needs to be reviewed in full. Various clauses throughout the document can effect the interpretation and impact of other clauses.
That being said, I do not believe any attorney on this site will be able to confidently and accurately provide you any guidance regarding your above posting without first reviewing the full contract in its entirety.
I think your best bet is find an attorney in MA who will review this document for you. The attorney will likely charge by the hour. For my firm, work of this nature usually does not exceed 3-4 hours.
Best of luck to you!
Judd G. Millman
606 Bosley Avenue, Suite 3B
Towson, Maryland 21204
Telephone: (410) 522-1020
Facsimile: (410) 522-1021
The answer/response provided above is based solely on the extremely limited facts provided by the person posing the question, and the advice given or proper course of action recommended might change significantly with the introduction of other facts. Accordingly, the above answer/response is for informational purposes only and does not constitute legal advice and all who read it should not rely on the answer as legal advice or allow it to govern their conduct. The answer should not be construed as creating any type of attorney-client relationship. Attorney-client relationships can only be formed through the mutual execution of an attorney-client agreement. You are highly encouraged to arrange a meeting with competent legal counsel in order to disclose and discuss all relevant facts surrounding your situation. This answer is intended for Maryland or Texas residents only. The answering party is only licensed to practice in the States of Maryland and Texas.
Real Estate Attorney
This website is for general legal advice and help, not specific legal opinions based on your specific and unique facts, agreements, or circumstances. You should take your specific agreement to an attorney and have a detailed conversation about your unique situation.
Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. To schedule a consultation with a lawyer, and obtain advice and review of your specific legal issue, please call us today at 617-357-4898 or visit us at www.vaughnmartel.com.
I agree with my colleagues in that it is impossible to provide an answer to your questions without reviewing the contract in its entirety and applying the contract to your situation.
Many contracts have survivability clauses that allow certain contractual provisions to "survive" the termination or beyond the term of the contract. Without reviewing the contract in its entirety it is impossible know your obligation and options and if such a provision is applicable.
I suggest that you speak with a contracts attorney to have him/her review the contract and outline your options. My office performs work of this nature and can certainly assist you in answering your questions.
The above constitutes general information only and it neither intended to be construed as legal advice nor create an attorney client relationship.
Administrative Law Lawyer
You have presented several, apparently connected issues.
As you've read, above, sound advice can only be based upon a thorough and careful review of your contract. That might not be the answer you wanted, but it's the only fair advice in this forum in light of the description presented.
Best of luck.
3 lawyers agree