Can I Change Employment Agency but Work for the Same Client

[Pinchy]

My question involves independent contractors in the state of: CA

I am currently getting a W-2 through a vendor and work for a client. I am looking to change the vendor but still want to work with the same client because the work I will be doing no longer the same as when I took the job. Job title can be changed as well. The client I work for is willing to terminate my position with the current vendor. Now I did request them my Agency to show me any contract or agreements that I might of signed but they cannot find any type contract or agreements. Then they sent me a new employment & non solicitation agreement but I did not sign back. The current vendor might have lost any agreement that was signed. But there is an application on file. Its been 7 years now but I don't recall signing any non solicitation agreements.

I need some legal advise on what I should do when I do change vendor and not get sue for any violation of non compete, non solicitation, or conflict of interest.

What is the worst case if the vendor want to sue me for violation of any agreements or conflict of interest?

Thank you very much.

[Mr. Knowitall]

If your employer cannot point to a non-compete or non-solicitation agreement in its contract with you or with its client, then it has no contractual rights that it can prove for enforcement against you or the client.

[Pinchy]

Thank you very much Mr.Knowitall.

I understand that in California, the NON COMPETE is illegal and Not enforceable.

But can they legally sue me even tho we don't have any agreement?

I am worry that if I openly told my current Employer that I am switching to another Agency that they will try to sue me or block any payment to me during the time before I switch.

[Beth3]

But can they legally sue me even tho we don't have any agreement? Anybody can TRY and sue anybody for anything. Baseless suits don't make it very far in the system though. If your current employer wants to waste time and money trying to sue you without having any signed agreements in place that prohibit you from changing employers but working for the same client, it certainly would be a HUGE waste of their resources. All you'd have to do is hire an attorney to respond to the suit (which of course wouldn't be cheap) to get the claim dismissed by a court.

If you're really worried about this, you may want to consult with an attorney to get an expert legal opinion but since there are no agreements in place and California seriously frowns on an employer attempting to limit an individidual's employment opportunities, I doubt you have anything to be concerned about.

[Pinchy]

Thanks Beth.

I kind of opened a new can of worms. My employer found out that I didnt have any agreement signed on file and now forcing me to sign a New employment and Non-Solicitation agreement.

What do I do?

Can they force me to sign it? if I dont sign it, can they take me off this assignment?

Oh what have i done......

[Beth3]

Your employer CAN say "either sign or your fired." Then you have a decision to make but if another agency is willing to hire you and place you with the same client, I'd jump on that really fast.

[Pinchy]

Beth,

I am jumping on that now. They want me to get some kind of release from my employer.

What is the legal term for that release and how should I go to get that release?

Thank you