Would it be possible to work for a client? [closed]

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My client has asked me to work for them. I see there's a clause in my contract like this: The Employee agrees that during the term of the agreement and for a period of three months following the expiry or termination of this agreement for any reason, the employee will not, directly or in directly: (1) solicit or attempt to solicit business from the company's clients (2) induce the company's client to withdraw, cancel or decrease the amount of business such client does with the company



Would I be safe moving on to work for the client?







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closed as off-topic by Adam V, Justin Cave, gnat, Garrison Neely, Jan Doggen Oct 24 '14 at 6:29


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Adam V, Justin Cave, gnat, Garrison Neely, Jan Doggen
If this question can be reworded to fit the rules in the help center, please edit the question.








  • 1




    Sounds like something to take to a contract lawyer.
    – Adam V
    Oct 23 '14 at 18:30










  • Definitely a legal question, which we don't answer here.
    – David K
    Oct 23 '14 at 18:39






  • 6




    There is no circumstance where I would risk this. You havea solid chance of losing your main income over this and losing your professional reputation.
    – HLGEM
    Oct 23 '14 at 18:57










  • What does the contract that they signed with your current employer state? Normally those things would prevent them from even attempting to hire you.
    – NotMe
    Oct 23 '14 at 19:15
















up vote
2
down vote

favorite












My client has asked me to work for them. I see there's a clause in my contract like this: The Employee agrees that during the term of the agreement and for a period of three months following the expiry or termination of this agreement for any reason, the employee will not, directly or in directly: (1) solicit or attempt to solicit business from the company's clients (2) induce the company's client to withdraw, cancel or decrease the amount of business such client does with the company



Would I be safe moving on to work for the client?







share|improve this question














closed as off-topic by Adam V, Justin Cave, gnat, Garrison Neely, Jan Doggen Oct 24 '14 at 6:29


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Adam V, Justin Cave, gnat, Garrison Neely, Jan Doggen
If this question can be reworded to fit the rules in the help center, please edit the question.








  • 1




    Sounds like something to take to a contract lawyer.
    – Adam V
    Oct 23 '14 at 18:30










  • Definitely a legal question, which we don't answer here.
    – David K
    Oct 23 '14 at 18:39






  • 6




    There is no circumstance where I would risk this. You havea solid chance of losing your main income over this and losing your professional reputation.
    – HLGEM
    Oct 23 '14 at 18:57










  • What does the contract that they signed with your current employer state? Normally those things would prevent them from even attempting to hire you.
    – NotMe
    Oct 23 '14 at 19:15












up vote
2
down vote

favorite









up vote
2
down vote

favorite











My client has asked me to work for them. I see there's a clause in my contract like this: The Employee agrees that during the term of the agreement and for a period of three months following the expiry or termination of this agreement for any reason, the employee will not, directly or in directly: (1) solicit or attempt to solicit business from the company's clients (2) induce the company's client to withdraw, cancel or decrease the amount of business such client does with the company



Would I be safe moving on to work for the client?







share|improve this question














My client has asked me to work for them. I see there's a clause in my contract like this: The Employee agrees that during the term of the agreement and for a period of three months following the expiry or termination of this agreement for any reason, the employee will not, directly or in directly: (1) solicit or attempt to solicit business from the company's clients (2) induce the company's client to withdraw, cancel or decrease the amount of business such client does with the company



Would I be safe moving on to work for the client?









share|improve this question













share|improve this question




share|improve this question








edited Oct 24 '14 at 0:46









Nicholas

1053




1053










asked Oct 23 '14 at 18:27









Jamie

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113




closed as off-topic by Adam V, Justin Cave, gnat, Garrison Neely, Jan Doggen Oct 24 '14 at 6:29


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Adam V, Justin Cave, gnat, Garrison Neely, Jan Doggen
If this question can be reworded to fit the rules in the help center, please edit the question.




closed as off-topic by Adam V, Justin Cave, gnat, Garrison Neely, Jan Doggen Oct 24 '14 at 6:29


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Adam V, Justin Cave, gnat, Garrison Neely, Jan Doggen
If this question can be reworded to fit the rules in the help center, please edit the question.







  • 1




    Sounds like something to take to a contract lawyer.
    – Adam V
    Oct 23 '14 at 18:30










  • Definitely a legal question, which we don't answer here.
    – David K
    Oct 23 '14 at 18:39






  • 6




    There is no circumstance where I would risk this. You havea solid chance of losing your main income over this and losing your professional reputation.
    – HLGEM
    Oct 23 '14 at 18:57










  • What does the contract that they signed with your current employer state? Normally those things would prevent them from even attempting to hire you.
    – NotMe
    Oct 23 '14 at 19:15












  • 1




    Sounds like something to take to a contract lawyer.
    – Adam V
    Oct 23 '14 at 18:30










  • Definitely a legal question, which we don't answer here.
    – David K
    Oct 23 '14 at 18:39






  • 6




    There is no circumstance where I would risk this. You havea solid chance of losing your main income over this and losing your professional reputation.
    – HLGEM
    Oct 23 '14 at 18:57










  • What does the contract that they signed with your current employer state? Normally those things would prevent them from even attempting to hire you.
    – NotMe
    Oct 23 '14 at 19:15







1




1




Sounds like something to take to a contract lawyer.
– Adam V
Oct 23 '14 at 18:30




Sounds like something to take to a contract lawyer.
– Adam V
Oct 23 '14 at 18:30












Definitely a legal question, which we don't answer here.
– David K
Oct 23 '14 at 18:39




Definitely a legal question, which we don't answer here.
– David K
Oct 23 '14 at 18:39




6




6




There is no circumstance where I would risk this. You havea solid chance of losing your main income over this and losing your professional reputation.
– HLGEM
Oct 23 '14 at 18:57




There is no circumstance where I would risk this. You havea solid chance of losing your main income over this and losing your professional reputation.
– HLGEM
Oct 23 '14 at 18:57












What does the contract that they signed with your current employer state? Normally those things would prevent them from even attempting to hire you.
– NotMe
Oct 23 '14 at 19:15




What does the contract that they signed with your current employer state? Normally those things would prevent them from even attempting to hire you.
– NotMe
Oct 23 '14 at 19:15










4 Answers
4






active

oldest

votes

















up vote
3
down vote













I can think of no way where you would qualify as "safe" if you were to do this.



For starters, your employer can sue you. I'm not going to address the legal question as to whether they would win or lose, but don't minimize that win or lose, they can indeed sue you. That will cost you money one way or another, again whether you win or lose.



But to me, this isn't a legal question so much as it's an ethical question. Clearly your employer doesn't want you to be poached or they wouldn't have put that clause in your employment contract. You agreed to that contract and now you're considering leaving because of what I see as a potential technicality. But is it ethical?



There are also 2 practical matters that you need to consider. If you go to this client, you go there giving them absolute proof that you're not loyal. In my opinion, this increases your expendability. It's like marrying someone who cheated on their husband to be with you. You already know they'll be unfaithful if the opportunity is right. :)



Lastly, you're destroying any reputation you may have. No future employer will see you going to your client as anything but disloyal and indefensible. I personally don't think it's worth it.



EDIT: I just reread it and would like to add that under part 2, your going to work for them could absolutely be seen as inducing them to leave or terminate their relationship with your employer. You're essentially removing a huge reason to use your employer so they can pay you directly.






share|improve this answer





























    up vote
    0
    down vote













    It doesn't sound like you're soliciting if they ask you first. There are situations where the company wants to expand the amount of work needed that you provide, so they hire you as an employee and continue to maintain the billable hours with another contract worker through your former employer. This way they have you to provide continuity on the project and hopefully stay on longer since you're full time.



    Usually contractors have ways to get bought out of the contract. Other then getting lawyers involved, you could just be upfront with your current employer and let them know you want to pursue the unsolicited offer.



    My guess is, the company who wants to hire you, isn't aware of your agreement. You'll need to disclose this to them. They may be under the impression they can hire you for less than the contract.






    share|improve this answer



























      up vote
      0
      down vote














      "The Employee agrees that during the term of the agreement and for a period of three months following the expiry or termination of this agreement for any reason, the employee will not, directly or in directly: (1) solicit or attempt to solicit business from the company's clients (2) induce the company's client to withdraw, cancel or decrease the amount of business such client does with the company"




      You are NOT soliciting, attempting to solicit and you haven't done anything to induce - at least, that's what I am gathering from your narrative. You look good so far as the sentence you quoted is concerned because it is the client who is taking the initiative and the client is practically putting their offer in your hand. However, I have no idea what the rest of your employment contract looks like. And I wouldn't make any determination that's final unless I went through your contract as a whole. Best to have a lawyer or paralegal spend one hour over the full contract, and that they give you their expert opinion upon reading the contract as a whole.






      share|improve this answer





























        up vote
        -1
        down vote













        If you have watched Demolition Man, you know the most important question is:




        .. or else?




        What is the cost of breaking this agreement and is your client ready to pay that if it becomes known? Or are you ready to pay it?



        Also, how illegal is it to break this agreement? Can you go to jail for it?



        That's all legal questions, so best ask a lawyer. He can also tell you if you are breaking the agreement at all.






        share|improve this answer



























          4 Answers
          4






          active

          oldest

          votes








          4 Answers
          4






          active

          oldest

          votes









          active

          oldest

          votes






          active

          oldest

          votes








          up vote
          3
          down vote













          I can think of no way where you would qualify as "safe" if you were to do this.



          For starters, your employer can sue you. I'm not going to address the legal question as to whether they would win or lose, but don't minimize that win or lose, they can indeed sue you. That will cost you money one way or another, again whether you win or lose.



          But to me, this isn't a legal question so much as it's an ethical question. Clearly your employer doesn't want you to be poached or they wouldn't have put that clause in your employment contract. You agreed to that contract and now you're considering leaving because of what I see as a potential technicality. But is it ethical?



          There are also 2 practical matters that you need to consider. If you go to this client, you go there giving them absolute proof that you're not loyal. In my opinion, this increases your expendability. It's like marrying someone who cheated on their husband to be with you. You already know they'll be unfaithful if the opportunity is right. :)



          Lastly, you're destroying any reputation you may have. No future employer will see you going to your client as anything but disloyal and indefensible. I personally don't think it's worth it.



          EDIT: I just reread it and would like to add that under part 2, your going to work for them could absolutely be seen as inducing them to leave or terminate their relationship with your employer. You're essentially removing a huge reason to use your employer so they can pay you directly.






          share|improve this answer


























            up vote
            3
            down vote













            I can think of no way where you would qualify as "safe" if you were to do this.



            For starters, your employer can sue you. I'm not going to address the legal question as to whether they would win or lose, but don't minimize that win or lose, they can indeed sue you. That will cost you money one way or another, again whether you win or lose.



            But to me, this isn't a legal question so much as it's an ethical question. Clearly your employer doesn't want you to be poached or they wouldn't have put that clause in your employment contract. You agreed to that contract and now you're considering leaving because of what I see as a potential technicality. But is it ethical?



            There are also 2 practical matters that you need to consider. If you go to this client, you go there giving them absolute proof that you're not loyal. In my opinion, this increases your expendability. It's like marrying someone who cheated on their husband to be with you. You already know they'll be unfaithful if the opportunity is right. :)



            Lastly, you're destroying any reputation you may have. No future employer will see you going to your client as anything but disloyal and indefensible. I personally don't think it's worth it.



            EDIT: I just reread it and would like to add that under part 2, your going to work for them could absolutely be seen as inducing them to leave or terminate their relationship with your employer. You're essentially removing a huge reason to use your employer so they can pay you directly.






            share|improve this answer
























              up vote
              3
              down vote










              up vote
              3
              down vote









              I can think of no way where you would qualify as "safe" if you were to do this.



              For starters, your employer can sue you. I'm not going to address the legal question as to whether they would win or lose, but don't minimize that win or lose, they can indeed sue you. That will cost you money one way or another, again whether you win or lose.



              But to me, this isn't a legal question so much as it's an ethical question. Clearly your employer doesn't want you to be poached or they wouldn't have put that clause in your employment contract. You agreed to that contract and now you're considering leaving because of what I see as a potential technicality. But is it ethical?



              There are also 2 practical matters that you need to consider. If you go to this client, you go there giving them absolute proof that you're not loyal. In my opinion, this increases your expendability. It's like marrying someone who cheated on their husband to be with you. You already know they'll be unfaithful if the opportunity is right. :)



              Lastly, you're destroying any reputation you may have. No future employer will see you going to your client as anything but disloyal and indefensible. I personally don't think it's worth it.



              EDIT: I just reread it and would like to add that under part 2, your going to work for them could absolutely be seen as inducing them to leave or terminate their relationship with your employer. You're essentially removing a huge reason to use your employer so they can pay you directly.






              share|improve this answer














              I can think of no way where you would qualify as "safe" if you were to do this.



              For starters, your employer can sue you. I'm not going to address the legal question as to whether they would win or lose, but don't minimize that win or lose, they can indeed sue you. That will cost you money one way or another, again whether you win or lose.



              But to me, this isn't a legal question so much as it's an ethical question. Clearly your employer doesn't want you to be poached or they wouldn't have put that clause in your employment contract. You agreed to that contract and now you're considering leaving because of what I see as a potential technicality. But is it ethical?



              There are also 2 practical matters that you need to consider. If you go to this client, you go there giving them absolute proof that you're not loyal. In my opinion, this increases your expendability. It's like marrying someone who cheated on their husband to be with you. You already know they'll be unfaithful if the opportunity is right. :)



              Lastly, you're destroying any reputation you may have. No future employer will see you going to your client as anything but disloyal and indefensible. I personally don't think it's worth it.



              EDIT: I just reread it and would like to add that under part 2, your going to work for them could absolutely be seen as inducing them to leave or terminate their relationship with your employer. You're essentially removing a huge reason to use your employer so they can pay you directly.







              share|improve this answer














              share|improve this answer



              share|improve this answer








              edited Oct 23 '14 at 20:35

























              answered Oct 23 '14 at 20:28









              Chris E

              40.5k22129166




              40.5k22129166






















                  up vote
                  0
                  down vote













                  It doesn't sound like you're soliciting if they ask you first. There are situations where the company wants to expand the amount of work needed that you provide, so they hire you as an employee and continue to maintain the billable hours with another contract worker through your former employer. This way they have you to provide continuity on the project and hopefully stay on longer since you're full time.



                  Usually contractors have ways to get bought out of the contract. Other then getting lawyers involved, you could just be upfront with your current employer and let them know you want to pursue the unsolicited offer.



                  My guess is, the company who wants to hire you, isn't aware of your agreement. You'll need to disclose this to them. They may be under the impression they can hire you for less than the contract.






                  share|improve this answer
























                    up vote
                    0
                    down vote













                    It doesn't sound like you're soliciting if they ask you first. There are situations where the company wants to expand the amount of work needed that you provide, so they hire you as an employee and continue to maintain the billable hours with another contract worker through your former employer. This way they have you to provide continuity on the project and hopefully stay on longer since you're full time.



                    Usually contractors have ways to get bought out of the contract. Other then getting lawyers involved, you could just be upfront with your current employer and let them know you want to pursue the unsolicited offer.



                    My guess is, the company who wants to hire you, isn't aware of your agreement. You'll need to disclose this to them. They may be under the impression they can hire you for less than the contract.






                    share|improve this answer






















                      up vote
                      0
                      down vote










                      up vote
                      0
                      down vote









                      It doesn't sound like you're soliciting if they ask you first. There are situations where the company wants to expand the amount of work needed that you provide, so they hire you as an employee and continue to maintain the billable hours with another contract worker through your former employer. This way they have you to provide continuity on the project and hopefully stay on longer since you're full time.



                      Usually contractors have ways to get bought out of the contract. Other then getting lawyers involved, you could just be upfront with your current employer and let them know you want to pursue the unsolicited offer.



                      My guess is, the company who wants to hire you, isn't aware of your agreement. You'll need to disclose this to them. They may be under the impression they can hire you for less than the contract.






                      share|improve this answer












                      It doesn't sound like you're soliciting if they ask you first. There are situations where the company wants to expand the amount of work needed that you provide, so they hire you as an employee and continue to maintain the billable hours with another contract worker through your former employer. This way they have you to provide continuity on the project and hopefully stay on longer since you're full time.



                      Usually contractors have ways to get bought out of the contract. Other then getting lawyers involved, you could just be upfront with your current employer and let them know you want to pursue the unsolicited offer.



                      My guess is, the company who wants to hire you, isn't aware of your agreement. You'll need to disclose this to them. They may be under the impression they can hire you for less than the contract.







                      share|improve this answer












                      share|improve this answer



                      share|improve this answer










                      answered Oct 23 '14 at 18:43







                      user8365



























                          up vote
                          0
                          down vote














                          "The Employee agrees that during the term of the agreement and for a period of three months following the expiry or termination of this agreement for any reason, the employee will not, directly or in directly: (1) solicit or attempt to solicit business from the company's clients (2) induce the company's client to withdraw, cancel or decrease the amount of business such client does with the company"




                          You are NOT soliciting, attempting to solicit and you haven't done anything to induce - at least, that's what I am gathering from your narrative. You look good so far as the sentence you quoted is concerned because it is the client who is taking the initiative and the client is practically putting their offer in your hand. However, I have no idea what the rest of your employment contract looks like. And I wouldn't make any determination that's final unless I went through your contract as a whole. Best to have a lawyer or paralegal spend one hour over the full contract, and that they give you their expert opinion upon reading the contract as a whole.






                          share|improve this answer


























                            up vote
                            0
                            down vote














                            "The Employee agrees that during the term of the agreement and for a period of three months following the expiry or termination of this agreement for any reason, the employee will not, directly or in directly: (1) solicit or attempt to solicit business from the company's clients (2) induce the company's client to withdraw, cancel or decrease the amount of business such client does with the company"




                            You are NOT soliciting, attempting to solicit and you haven't done anything to induce - at least, that's what I am gathering from your narrative. You look good so far as the sentence you quoted is concerned because it is the client who is taking the initiative and the client is practically putting their offer in your hand. However, I have no idea what the rest of your employment contract looks like. And I wouldn't make any determination that's final unless I went through your contract as a whole. Best to have a lawyer or paralegal spend one hour over the full contract, and that they give you their expert opinion upon reading the contract as a whole.






                            share|improve this answer
























                              up vote
                              0
                              down vote










                              up vote
                              0
                              down vote










                              "The Employee agrees that during the term of the agreement and for a period of three months following the expiry or termination of this agreement for any reason, the employee will not, directly or in directly: (1) solicit or attempt to solicit business from the company's clients (2) induce the company's client to withdraw, cancel or decrease the amount of business such client does with the company"




                              You are NOT soliciting, attempting to solicit and you haven't done anything to induce - at least, that's what I am gathering from your narrative. You look good so far as the sentence you quoted is concerned because it is the client who is taking the initiative and the client is practically putting their offer in your hand. However, I have no idea what the rest of your employment contract looks like. And I wouldn't make any determination that's final unless I went through your contract as a whole. Best to have a lawyer or paralegal spend one hour over the full contract, and that they give you their expert opinion upon reading the contract as a whole.






                              share|improve this answer















                              "The Employee agrees that during the term of the agreement and for a period of three months following the expiry or termination of this agreement for any reason, the employee will not, directly or in directly: (1) solicit or attempt to solicit business from the company's clients (2) induce the company's client to withdraw, cancel or decrease the amount of business such client does with the company"




                              You are NOT soliciting, attempting to solicit and you haven't done anything to induce - at least, that's what I am gathering from your narrative. You look good so far as the sentence you quoted is concerned because it is the client who is taking the initiative and the client is practically putting their offer in your hand. However, I have no idea what the rest of your employment contract looks like. And I wouldn't make any determination that's final unless I went through your contract as a whole. Best to have a lawyer or paralegal spend one hour over the full contract, and that they give you their expert opinion upon reading the contract as a whole.







                              share|improve this answer














                              share|improve this answer



                              share|improve this answer








                              edited Oct 23 '14 at 21:01

























                              answered Oct 23 '14 at 19:08









                              Vietnhi Phuvan

                              68.9k7118254




                              68.9k7118254




















                                  up vote
                                  -1
                                  down vote













                                  If you have watched Demolition Man, you know the most important question is:




                                  .. or else?




                                  What is the cost of breaking this agreement and is your client ready to pay that if it becomes known? Or are you ready to pay it?



                                  Also, how illegal is it to break this agreement? Can you go to jail for it?



                                  That's all legal questions, so best ask a lawyer. He can also tell you if you are breaking the agreement at all.






                                  share|improve this answer
























                                    up vote
                                    -1
                                    down vote













                                    If you have watched Demolition Man, you know the most important question is:




                                    .. or else?




                                    What is the cost of breaking this agreement and is your client ready to pay that if it becomes known? Or are you ready to pay it?



                                    Also, how illegal is it to break this agreement? Can you go to jail for it?



                                    That's all legal questions, so best ask a lawyer. He can also tell you if you are breaking the agreement at all.






                                    share|improve this answer






















                                      up vote
                                      -1
                                      down vote










                                      up vote
                                      -1
                                      down vote









                                      If you have watched Demolition Man, you know the most important question is:




                                      .. or else?




                                      What is the cost of breaking this agreement and is your client ready to pay that if it becomes known? Or are you ready to pay it?



                                      Also, how illegal is it to break this agreement? Can you go to jail for it?



                                      That's all legal questions, so best ask a lawyer. He can also tell you if you are breaking the agreement at all.






                                      share|improve this answer












                                      If you have watched Demolition Man, you know the most important question is:




                                      .. or else?




                                      What is the cost of breaking this agreement and is your client ready to pay that if it becomes known? Or are you ready to pay it?



                                      Also, how illegal is it to break this agreement? Can you go to jail for it?



                                      That's all legal questions, so best ask a lawyer. He can also tell you if you are breaking the agreement at all.







                                      share|improve this answer












                                      share|improve this answer



                                      share|improve this answer










                                      answered Oct 23 '14 at 21:49









                                      user28941

                                      1




                                      1












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