Question on an IT contractors contract in Ohio.

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Nostromo in Dublin, Ohio

42 months ago

New to contracting.

OK hypothetical. An IT contractor signs on for a 6 month contract with a consulting company. He is assigned to support an IT project for a large IT company. 4 months into that contract he receives a full time permanent job offer (non contractor) from a second large company.

Given that Ohio is an at will state, is the contractor legally bound by the 6 month contract?
Besides his current supervisor not being happy with that, are there any legal ramifications if the contractors gives notice and moves to the permanent job?

Many thanks in advance.

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Bluetea in Texas

42 months ago

Nostromo in Dublin, Ohio said: New to contracting.

OK hypothetical. An IT contractor signs on for a 6 month contract with a consulting company. He is assigned to support an IT project for a large IT company. 4 months into that contract he receives a full time permanent job offer (non contractor) from a second large company.

Given that Ohio is an at will state, is the contractor legally bound by the 6 month contract?
Besides his current supervisor not being happy with that, are there any legal ramifications if the contractors gives notice and moves to the permanent job?

Many thanks in advance.

In general, yes. You are guilty of breach of contract. Your agreement for six months is called specific performance which is an essential part of the contract. The ramifications depend on the state and the contract. In other words, you can be sued.

"At will" in general, applies to employees not contractors.

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Calfornian in Hayward, California

42 months ago

You aren't giving enough information. A lot of "contracts" are really just "employees" written up to sound like something else. "Are they taking taxes from your pay" is the quickest way to mostly determine whether you are an employee/W2 or a contractor/1099. The former you can probably walk away from, the latter is possibly a different story.

Ohio may also have other laws that pertain to a situation like this and you may have signed something that changes the above which probably wouldn't be legal in California but might be in Ohio. Or, you might have signed something that means nothing.

It's really hard to comment on and you might need to find a labor attorney and spend $500. It might be worth it in this case.

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