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Geele  
#1 Posted : Thursday, August 8, 2019 7:56:13 PM(UTC)
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Hi Everybody,
I find myself in a unique situation. I am cleared at the ts/sci. I have been working for a subcontractor in the last couple of years. Recently, there was a some sort of issue between the prime and the subcontractor. As the result, the prime cut the subs staff. Now, the only employer in town is the prime and the prime says they can not hire me because of some legal issue between the sub and the prime. So essentially, I am out of business. The sub is not even talking to me;

Any insights; do have any legal recourse?
Thanks in advance

Edited by user Thursday, August 8, 2019 8:15:49 PM(UTC)  | Reason: Not specified

DaVinci95  
#2 Posted : Friday, August 9, 2019 12:32:41 PM(UTC)
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Legal recourse for what and against whom? The prime had no contractual obligation to you. The contract between the prime and the sub may have had a clause prohibiting the prime from poaching the sub's staff. That is likely unenforceable, just like non-compete clauses, but the prime has no obligation to hire you. Depending on your contract with the sub, you may have recourse against them, but I doubt it. Your employment was likely contingent on their contract with the prime and when that position got cut so did you.
Geele  
#3 Posted : Friday, August 9, 2019 7:40:47 PM(UTC)
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Thanks DiVinci95 for the reply.

I have no compete clause with the sub or the prime. There is probable a no compete clause between the prime and the sub. True... According to the prime, my position was eliminated along with the sub, meaning the prime probable got red off the sub. Now, the sub does not have any positions to offer me since the prime eliminated them for the contract, but the prime has plenty of positions available for individuals with my skills. I applied through the prime and somewhere in the middle of the process a corporate lawyer contacted me and advised me that the prime can not hire me because of some legal issue between the prime and the sub. The lawyer further stated that once the current contract expires, a one year period must elapse before the prime can hire me. I tried to reach out to the sub so that they can write some sort of a letter that releases the prime any legal challenge should the prime hire me, but the sub is not responding; possible the issue is in litigation and the sub wants to get their slots back....six months has already passed since the prime let me go and there nothing I can do about it.

Any Ideas on how to release myself from the sub?
thanks
Exit7A  
#4 Posted : Monday, August 12, 2019 4:54:09 PM(UTC)
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Originally Posted by: Geele Go to Quoted Post
Thanks DiVinci95 for the reply.

I have no compete clause with the sub or the prime. There is probable a no compete clause between the prime and the sub. True... According to the prime, my position was eliminated along with the sub, meaning the prime probable got red off the sub. Now, the sub does not have any positions to offer me since the prime eliminated them for the contract, but the prime has plenty of positions available for individuals with my skills. I applied through the prime and somewhere in the middle of the process a corporate lawyer contacted me and advised me that the prime can not hire me because of some legal issue between the prime and the sub. The lawyer further stated that once the current contract expires, a one year period must elapse before the prime can hire me. I tried to reach out to the sub so that they can write some sort of a letter that releases the prime any legal challenge should the prime hire me, but the sub is not responding; possible the issue is in litigation and the sub wants to get their slots back....six months has already passed since the prime let me go and there nothing I can do about it.

Any Ideas on how to release myself from the sub?
thanks


Looks like you are stuck. Most companies have some clause that prevents people from competing companies to work for them until a year has lapsed. I know when I was going through the hiring process, the company asked if I had worked for certain companies. What is your location (general not exact)? Surely there are other companies hiring cleared people...
That's all I got to say about that.
someoldguy  
#5 Posted : Monday, August 12, 2019 5:10:12 PM(UTC)
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Friend of mine got an offer from a company with a no-compete clause. He contacted the recruiter and said, you know, this no-compete clause is so broadly written that conceivably I could be banned from employment with any company doing anything related to this contract at any location.

He went around with them a couple of times and it wasn't getting any better... fortunately he found something else.

My question is, has anyone ever heard of these things being enforced? The only thing I've ever heard of along these lines is when someone goes to a competitor and tries to take advantage of competition sensitive information. The two or three cases I know of, they were let go by the competitor after the first company contacted them. But that's not the same as a no-compete clause.
DISCLAIMER: You read it on an open internet forum :)
habu987  
#6 Posted : Tuesday, August 13, 2019 3:05:08 AM(UTC)
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Originally Posted by: someoldguy Go to Quoted Post
Friend of mine got an offer from a company with a no-compete clause. He contacted the recruiter and said, you know, this no-compete clause is so broadly written that conceivably I could be banned from employment with any company doing anything related to this contract at any location.

He went around with them a couple of times and it wasn't getting any better... fortunately he found something else.

My question is, has anyone ever heard of these things being enforced? The only thing I've ever heard of along these lines is when someone goes to a competitor and tries to take advantage of competition sensitive information. The two or three cases I know of, they were let go by the competitor after the first company contacted them. But that's not the same as a no-compete clause.


Yeah, I know of two instances where a non-compete was enforced. At one of the contracting companies I worked for a while back, once you got to a certain level in the company you had to sign a non-compete. One guy signed, left the following year and joined another firm doing the same work with the same client (DOD, I think?) and the legal wrangling was still ongoing when I left the company.

The other was private sector comsulting--a friend had been fairly senior at his firm and left to start his own solo shop dealing with the same group of major clients. Last I heard there were nearly two years of legal wrangling between the two parties over it. No idea what the final outcome was, but I think he's still doing solo consulting.
DaVinci95  
#7 Posted : Tuesday, August 13, 2019 4:32:04 AM(UTC)
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Originally Posted by: Geele Go to Quoted Post
Thanks DiVinci95 for the reply.

I have no compete clause with the sub or the prime. There is probable a no compete clause between the prime and the sub. True... According to the prime, my position was eliminated along with the sub, meaning the prime probable got red off the sub. Now, the sub does not have any positions to offer me since the prime eliminated them for the contract, but the prime has plenty of positions available for individuals with my skills. I applied through the prime and somewhere in the middle of the process a corporate lawyer contacted me and advised me that the prime can not hire me because of some legal issue between the prime and the sub. The lawyer further stated that once the current contract expires, a one year period must elapse before the prime can hire me. I tried to reach out to the sub so that they can write some sort of a letter that releases the prime any legal challenge should the prime hire me, but the sub is not responding; possible the issue is in litigation and the sub wants to get their slots back....six months has already passed since the prime let me go and there nothing I can do about it.

Any Ideas on how to release myself from the sub?
thanks


If the prime and the sub are engaged in a legal battle over the service you used to provide, the sub has no incentive to release you to go work for the prime. In fact, it would likely be counterproductive to their claim. Likewise, the prime won't want to take any action that could jeopardize their claim so they would probably honor the no poaching clause even if you did get a release from the sub. It sucks that you are stuck in the middle. You are better off looking for a job elsewhere.
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