DISYS LLC Being hired by DISYS: CAVEAT EMPTOR!!! McLean Virginia
Jobseekers, beware of dealing with DISYS LLC. of McLean, VA. Their outrageous lack of business ethics needs to be shared, so that others are aware and don't succumb to their horrendous and unconscionable practices. They are dishonorable in every aspect.
First, in my own recent experience, after several interviews with a large client, and the client's verbal offer, Disys furnished to me a formal offer in writing to perform contract engineering work for this well-known public company in East Boston. Disys then stipulated a drug screening, a 3rd party extensive background check, a credit check, a proof of education check (including a request for transcripts), a MA DCJIS CORI database check and a TB ppd-test update screening for the client. All of these I completed with alacrity over the holidays.
DISYS then rescinded the written offer because the contract rate was too high (some $40/hr. too high) for the client. In other words, DISYS did not exercise the minimal commensurate due care in approving the rate with the client, yet they authored and extended a formal offer at the higher rate, regardless. They then subjected me to a intense screening ritual which involved quite a bit of my time and actual expenses that DISYS never reimbursed.
If that doesn't border on fraudulent practice or just simple lying, I'm not sure what does. For almost 2 weeks, before rescinding the offer (not in writing with any reasonable explanation, but reluctantly, over several phone calls), DISYS sent reminders hourly to electronically sign the offer along with a 26-page employment agreement. In other words , again, when they believed the offer to be greenlighted and sound, they induced me to believe them and the same, meanwhile they couldn’t remind, pressure or urge enough for me to hurry up and sign the agreement (initially demanding a 24 hour deadline), and yet when the client had issues with the rate in the end and - unbeknownst to me at the time- had pulled the offer, my calls to DISYS about the start date they had promised went unreturned.
But what will perhaps be most alarming for others is specifically the agreements. Disys's multi-page employment offers include nasty arbitration, confidentiality and non-compete agreements with very onerous terms that you're required to sign as one entity within a day. They'll require any arbitration to take place in McLean, VA., and they are absolutely non-negotiable on this provision.
I personally tried to negotiate this specific provision, as a trusted advisor suggested that it is eminently fair to request, since you're being compelled to potential arbitration, and that you not have the additional insulting and burdensome duty of having to take an expensive and possibly stressful business trip out-of-state to participate in a potentially tilted and hostile legal proceeding. Disys wouldn't negotiate it. I am always amazed at how companies like Disys have seemingly no limit to their demands of you to perform upfront and unpaid (screenings, vaccination update, background check, past paystub copies, requiring you to find a bank and travel in person to authenticate an I-9 form, etc.), yet they will become the most reprehensible, lay-down, intransigent, unreciprocal slug when you make entirely reasonable requests of them. As another example, although the recruiter promised a reimbursement of the $64, paid-out-of-pocket, TB screening, Disys refused to reimburse it at my personal request.
As if the arbitration provision is not bad enough- being compelled to relinquish your statutory and constitutional rights as a US citizen to pursue a legitimate work-related dispute in courts of competent jurisdiction but instead consent to subject the same to the very questionably objective forum of arbitration (which most lawyers will generally tell you, typically favor the stronger party, the employer) - Disys's forced agreement includes other gems.
The terms include you irrevocably granting them the power of attorney-in-fact to perform your signature, in absentia, on any related legal documents with the same legal bearing as you signing in person. Disys's non-compete agreement states that you will not perform the same services (essentially, what you do in your career) within a 50 mile radius of a client in their territory for up to 1 year after you terminate employment with them.
What happens if Disys has clients in consecutive territories in a state like Massachusetts? Can’t work in your home state? Can’t work in New England or your region of the country without pain of showing up in McLean, VA for arguing through arbitration your right to feed yourself or your family?
In the same tenor, Disys further declares that you shall not perform services for up to 1 year after termination for anyone with whom you had material contact in the course of client business. What are the reasonable limits on that? So you're barred from pursuing any lead or business relationship that may develop as a result of you’re talking with someone in the course of your job??
Finally, and along with the power-of-attorney, I cannot recall ever seeing anything quite like this, Disys requires you to sign a consent to notification to future employers or PROSPECTIVE employers that allows DISYS the option to provide a copy of the employment agreement along with their opinion regarding its enforceability.
The outrages speak for themselves. Following are some of the more egregious clauses buried in their 26-page employment agreement.
Once again, their name is DISYS LLC. of McLean, VA.
Best of luck in your process.
If DISYS is unable for any reason to secure Employee’s signature on any required document relating to the foregoing, Employee hereby irrevocably designates and appoints DISYS and its duly authorized officers and agents as Employee’s agent and attorney-in-fact, to act for and in Employee’s behalf to execute and file any such documents and do all other lawfully permitted acts to further the purposes of the foregoing with the same legal force and effect as if originally executed by Employee.
Employee shall not perform, or attempt to perform, directly or by assisting others, any Services for any Client to which, within one year prior to such termination of Employee’s employment, (i) Employee provided Services on behalf of Employer, or (ii) with whom Employee had Material Contact;
Employee shall not, as a principal, employer, stockholder, partner, agent, consultant, independent contractor, employee or in any other individual or representative capacity, perform, directly or by assisting others, the same or substantially same Services Employee performed for DISYS within the one year prior to termination for any Competitor within the Territory. For avoidance of doubt, this provision does not preclude Employee from performing services for a Competitor in a non-competitive capacity.
DISYS also has the right to specific performance without posting a bond and Employee hereby waives the adequacy of a remedy at law as a defense to such relief. In the event DISYS prevails in any action to enforce the terms of this Agreement, DISYS shall be entitled to recover its reasonable attorneys’ fees and costs.
Tolling. If Employee fails to comply with a time-limited restriction in this Agreement, the time period applicable to the restriction shall be extended by one day for each day Employee is found to have violated the restriction up to a maximum period of the original agreed-upon period of forbearance.
Consent To Notification Of Future Employers. Employee agrees that DISYS may provide a copy of this Agreement, along with an opinion regarding its enforceability, to any future employers or prospective employers. Employee agrees that such notification by DISYS shall not be actionable by Employee or form the basis for any claim by Employee of tortious interference, defamation, or other violation of the law.