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494

answers:

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I am a freelancer. I have been working on and off for the past 2 years for a client, through the headhunter who got me the job originally. Over the past two years, I've done about 700+ hours of work for the client. My question is: If I continue to work for this client as I have been, is it reasonable to expect the headhunter to let me out of the contract eventually? Or, does he get a cut of my pay indefinitely? What is typical?

The contract doesn't require him to let me go. There is a 2 year non-compete after contract termination.

Thanks.

+2  A: 

If your employer wants to hire you permanently, then he'd probably negotiate with the headhunter. This is what 'normally' happens. They normally have a contract that says if they choose to hire you, the Headhunter gets a percentage of the cut, and then that's it. From my experience, Company A pays X amount of dollars for Contractor B. Headhunter C gets a portion of this, but if Contractor B was hired, he wouldn't necessarily get everything (or even close to everything) that Headhunter C was getting paid.

This is normally true if you get your W2/earnings from the headhunting company.

Edit: this is not legal advice, and I am not a lawyer. Consult one if you want legal advice.

George Stocker
A: 

They typically go on for ever....

Two years sounds very steep on the non-compete. This is usually only a year in the UK. It usually can only apply to the company you contract through. So if you worked through a new freelancing company I'm not sure they can get you.

Tony

Tony Lambert
A: 

Mine was for one year, the last time I signed one. I was in a similar situation, and developed a good relationship with the headhunter. I asked them to release me and they did, knowing that they had someone really good, and that they had already made their money on me. Logically, it wouldn't make sense for them to hold on too hard to me if they knew I could go somewhere else easily.

Dave Markle
A: 

From your description, it sounds as if the contract says he can hold you to it forever and you can't work for the same company for 2 years after the contract ends (to prevent you from "quitting", then starting a new contract with them the next week on your own.)

You might be able to negotiate release with the recruiter.

You might have better luck negotiating if you explain "look, you guys have made a fortune off of me, and I can't afford your services anymore. If I can't get a release date, I'm going to have to accept another contract that doesn't include these huge recruiter fees."

(How much of that is real and how much is bluff is up to you ;)

Olie