Workers' Rights
Contracts for Individual Workers As high-tech professionals, we often move between different employment relationships. While many of us work as permanent employees of a company (without a contract), some of us work under agency or independently negotiated contracts.

Agency Contracts

Agency contracts are often boilerplate documents that employment agencies ask employees to sign before working on a temporary assignment with a client. These contracts often outline the compensation, performance duties, and other terms and conditions of employment - and are written to secure the interests of the agency, not the interests of the employee.

There are a few things that are worth noting about agency contracts:
  • You have the right to negotiate with your agency about the contents of your contract.

    All contracts are negotiable. A contract is an agreement decided upon by the signing parties.

    As a party to the contract, you have the right to cross out or amend any portion of your contract before you sign. However, as your agency is also party to your contract, they are not obligated to sign on to (therefore agree to) your revision of the contract.

    If you do choose to cross out or amend any portion of your contract, be sure to initial all changes in all formal copies of the contract (and sign all additional pages you may submit) and get a copy for your records. In addition, your contract may outline additional procedures to legally amend your contract.

  • High-tech agencies are including increasingly restrictive language in their contracts.

    WashTech has advocated for agency contractors in the Seattle area for more than three years. In that time, we have noticed three areas that are increasingly restricting the behavior of contract employees.

    Nondisclosure and Confidentiality - Restricting the ability of the contractor to discuss or use information that the company considers "proprietary"

    Noncompetition - Limiting the ability of the employee to seek work with other companies that may be in competition with the client company for a given period

    Attorneys' fees - Some contracts now state that, in the event of court proceedings to enforce or interpret the contract, employees must bear the responsibility to reimburse the agency for any litigation, including attorneys' fees.

  • Your contract does not guarantee your right to employment.

    Without a collective bargaining agreement - negotiated for a group of employees by union members and employers (see below) - most workers in Washington state are generally considered "at will" employees.

    This means that without a collective bargaining agreement, an employer likely has the right to discipline or terminate you "at will" for any reason, with or without cause (save for protected statuses such as race, gender, religion, etc.). This means that your employer can terminate you at any time, for any reason, or for no reason at all - no matter the cause.

    Employment contracts almost always include an "at will employment" clause that states that this contract does not override the at will status of the employee and that the contract is not a guarantee of employment. As a general rule, agency contracts therefore do not offer any protection from immediate termination, layoff, or discipline for any reason.


Collective Bargaining: Negotiating a Union Contract

A "collective bargaining agreement" (another word for a union contract) is one way for employees to be legally protected as they actively participate in the negotiation of wages and benefits. These contracts are negotiated by - and offer protection of - a group or groups of workers rather than simply to individual workers.

"Collective bargaining" is defined by current labor law as the duty "to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment." Employers are required by law to sit down at the table on a regular basis to negotiate with employees for a collective contract; sections 8(a)5 and 8(a)3 of the National Labor Relations Act outline that it is illegal for the employer to refuse to bargain with employees "in good faith."

By negotiating for a collective bargaining agreement, employees can more readily negotiate over the terms and conditions of their employment. Wages, benefits, training, grievance procedures, discipline procedures are among the many things covered in collective bargaining - and democratically voted upon by all employees in a union contract.

For more information on individual contracts or on collective bargaining agreements, contact us at the WashTech office at 206-726-8580 or at contact@washtech.org.