Being "under contract."

[leebee]

DD is applying for a new position. One of the questions on the application is, "Are you under contract?" She is currently working as hourly support staff in a school, and there is a Collective Bargaining Agreement for the support staff. I don't think this is the same as being "under contract," which I take as meaning you are obligated to work a specific job for a specified time period. Any thoughts on this?

 

[disneychrista]

I would take it to me that she is contracted to work for the school for a certain period of time (like until the end of the school year).

 

[dotfurio]

As a teacher I had to sign a contract when I was hired, and it's automatically renewed annually. I don't know if hourly employees are under one, though.

 

[bcla]

I would think it refers to being in a position where one isn't free to leave due to a contract, and not necessarily because one is protected by collective bargaining. I've worked a temporary contract job before. It got a little bit frustrating near the end of the minimum contract period when I wasn't told when it would end. It affected my ability to seek a new job in anticipation of when my contract would end. I was finally told the contract would end, which I needed to give my landlord notice and think about looking for a new job.

I would think the question is essentially asking if you're free to leave your current job (with notice) at any time. Some jobs are under contract with either fixed terms or options to extend.

 

[bcla]

As a teacher I had to sign a contract when I was hired, and it's automatically renewed annually. I don't know if hourly employees are under one, though.

It could be a question from a standard employment application template. In my industry, there are different types of "contractors". Most building security at large companies are "contractors" hired out by security companies. However, they're generally considered at will employees and can quit or be terminated at any time. That wouldn't be "under contract" per se. However, most "contingent workers" who work as temporary supplemental workers often sign a contract that binds them to the job for a minimum time period unless released by mutual consent. I did that before, and was an hourly employee.

 

[CarolAnn856]

As a public school teacher, I am bound by my contract to give a certain number of days notice if I choose to leave my position. Assuming your daughter is applying for a job in education, I suspect that is what they mean by being "under contract." Basically, they are asking if she would be able to start working within a reasonable amount of time upon an offer (say, a couple of weeks), versus having to wait 60 days, which is what my contract specifies.

In our district, support staff don't have to give a prescribed amount of notice, so if she was employed here, her answer would be "no." She should read the collective bargaining agreement for support staff to see what, if any, notice she is required to give. If there is none, she can answer "no," but if there is, she will have to answer "yes." Hopefully there is a place on the application to explain how long the time period is.

 

[CarolAnn856]

It could be a question from a standard employment application template. In my industry, there are different types of "contractors". Most building security at large companies are "contractors" hired out by security companies. However, they're generally considered at will employees and can quit or be terminated at any time. That wouldn't be "under contract" per se. However, most "contingent workers" who work as temporary supplemental workers often sign a contract that binds them to the job for a minimum time period unless released by mutual consent. I did that before, and was an hourly employee.

Not in this case, In education it generally refers to the collective bargaining agreement and whether you can be released from your contract in a timely manner.

 

[gotomu212]

When we ask the question we're trying to find out if a) you're free to leave now and b) do you have a non-compete clause (it's shocking how many people have non-competes and don't realize it in our industry).

 

[Cannot_Wait_4Disney]

DD is applying for a new position. One of the questions on the application is, "Are you under contract?" She is currently working as hourly support staff in a school, and there is a Collective Bargaining Agreement for the support staff. I don't think this is the same as being "under contract," which I take as meaning you are obligated to work a specific job for a specified time period. Any thoughts on this?

Under contract in this case would mean contracting for a specific period of time, IE you signed an agreement to work until say January 15th of next year and are still under that contract.

 

[bcla]

When we ask the question we're trying to find out if a) you're free to leave now and b) do you have a non-compete clause (it's shocking how many people have non-competes and don't realize it in our industry).

I've applied for enough jobs over the years where the question of non-compete, non-disclosure, and non-solicit agreements are asked about separately. A question about non-disclosure would typically be about whether it would affect the ability to do the job. I typically say no, because there is a line between understanding something that anyone in the industry could learn, and disclosing proprietary information. I don't think most school employers have proprietary information, although I suppose some for-profit education businesses might.

Non-compete clauses are typically unenforceable in California, and a few states traditionally don't enforce them if too broad. I remember one contract employer that made me sign one as a condition of employment, that I couldn't work with the customer for another contract employer for a year. I got an interview and even landed a job. When I told the potential employer about it, I was told not to worry. They had attorneys who would work it out, especially with California's longstanding law. About the only enforceable contracts would be if a principal of a company sold off the business, and the buyer keeps that person from starting a similar business for a year or so.