The Definitive Guide to Protecting Your Company,
TEMPNAPPING
Saga & Solution
by A. Bernard Frechtman, Esq.
Industry “Hall of Fame” Author
Table of Contents
| Chapter
1: The Saga The Past is Prologue Employment Agency Licensing From “Temp to Perm” Permanent Fee v. Temp Service Profit Changing Practices Combined Operations Single Operations An Expanding Industry Cost of Expansion The Transitioning Process The “Transitioned” Service Investment The Switch The Problem of “Tempnapping” Chapter 2: The Solution Problem Defined Lost Contract Notice of Termination What to Do Temp and Client Contracts Notice To Client Entering Into a Contract Conditions on Time Sheet Pre-Employment Agreements The Group Time Sheet Service Operation Differences Liquidated Damages Conversion Fees The Fee Conversion Contract Chapter 3: Conversion Fee Cases Suing for the Conversion Fee The Half Case The Facts The Time Card Commitment Employment Subsequent To Termination Defenses The Court’s View Using the Half Language Judgment Based on Time Sheet Obligation The ADIA Case Defense Court Ruling Group Time Sheet Covering Other Contingencies The Brits Call it “Poaching” Client Contract Court’s View UK Practice Conclusion Chapter 4: “Disintermediation” Introduction Current Events Butler Case Contract Facts Lawsuit for Tortious Interference Employees Sue Butler Trial Court Decision Reversed on Appeal Enforcement of Restrictive Covenants Applying the Standard to Butler Restrictive Covenant Client/Temp Service Relationship Being a Middleman Disintermediation Court Conclusion |
Chapter 5: Suing for Damages Chapter 6: What About
Ethics? |
In
General As Applied to a Staffing Company Litigation Basis Confidentiality Agreement Seeking an Injunction Suing for the Fees Fish v. Ryan The Trial The Law Other Cases Fiduciary Obligation Conclusion Chapter 10: Counsel’s Corner Use a Contract Employer Contract Terms Warning Signs Temp Contract Terms: Restrictive Covenant Giving Notice of Violation Sue for the Fee Asserting Your Common Law Rights Make Notes of the Events Prepare for the Worst Check List APPENDIX Body Snatching-Tempnapping Article Sample Letter Giving Notice to Employer Letter from New Temporary Service Court Opinion in Avanti v. Half Court Opinion in ADIA v. Sansone How we Stopped “Body Snatching-Tempnapping” Temp-to-Temp Transfers-Judgment Day Court Opinion in C & D v. Butler Court Opinion in Pat Shea v. Manpower Court Opinion in Wear-Ever Aluminum v. Towncraft Industries Shea v. Manpower Final Judgment Tortious Interference Complaint NATSS Press Release, Pat Shea Wins Partial Jury Verdict Against Manpower Letter to Replaced Temporary Service NATSS Code of Ethics TEMPDIGEST Statement on Tempnapping Tempnapping, article by Bob Allison Agreement Governing Secondary Suppliers Relationship Restrictive Covenant Language Restrictive Covenant Complaint Trade Secret Complaint Confidentiality Agreement Complaint for Trade Secrets Violation Court Opinion in Fisher v. Ryan Letter Excepting Fee Conversion Liability Warning Letters to Customers, Temporary Service and Temporary Employee Fee Conversion Notice to Customer Fee Conversion Complaint |