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Client wants me to work for them... should I?

  • 15-11-2012 02:16AM
    #1
    Registered Users, Registered Users 2 Posts: 2


    Hello Guys, please I urgently need your advice...

    I currently working for a small company... This company assign me to work for a client... After years of working for this client, they client asked me to work for them directly.. The client stated they are about to terminate my company contract because its costing them too much... They propose me a better salary than what I am currently earning...

    (1) Please what should I do? should I accept the offer or refuse it..?

    Note: If I refuse this offer it means I will be left with no job as my company presently have no other clients they are assign me to...

    (2) If I should accept this offer, what is the best way to go about it.. does my current boss need to know about it.

    Thanks... Please urgent advice is currently needed. thanks


Comments

  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,474 CMod ✭✭✭✭Nody


    First of all check your contract for any clauses making it harder (i.e. anti competative clauses and similar); secondly if you do accept get the contract signed first before telling your boss (and you'll need to tell him as he'll find out anyway and you'll be in a better position if you told him rather then he find it out the back way).


  • Registered Users, Registered Users 2 Posts: 5,166 ✭✭✭enda1


    Are those clauses in contracts even legally enforceable? I can't see why you couldn't do what you want after ending employment with one company. (Obviously accepting you take no data with you).


  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,474 CMod ✭✭✭✭Nody


    enda1 wrote: »
    Are those clauses in contracts even legally enforceable? I can't see why you couldn't do what you want after ending employment with one company. (Obviously accepting you take no data with you).
    They are; obviously the position of the person makes their legality stronger or weaker.


  • Closed Accounts Posts: 595 ✭✭✭tony81


    Nody wrote: »
    They are; obviously the position of the person makes their legality stronger or weaker.

    You could muddy the water by setting up a consultancy firm to rival your boss, and start working for it. In that case it's just competition.

    Anyway op, short answer is you should definitely jump ship providing there are no legal issues. If there are legal issues, explain them to the prospective employer and see if theyre willing to hold out a while. Perhaps they could terminate the contract first, and when your boss gives you your marching orders you can start working for the new company.


  • Registered Users, Registered Users 2 Posts: 68,190 ✭✭✭✭seamus


    enda1 wrote: »
    Are those clauses in contracts even legally enforceable? I can't see why you couldn't do what you want after ending employment with one company. (Obviously accepting you take no data with you).
    I don't think they are legally enforceable. Your employer cannot prevent you from moving to another company, even if that company is a client. Anti-competition clauses for employees can really only prevent an employee from working for a competitor (or working freelance) while they are also working for that employer.
    Once you have left your employment, your employer has no say over who you work for.

    OP, get a signed contract from the company before you tell your current boss.


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  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,474 CMod ✭✭✭✭Nody


    seamus wrote: »
    I don't think they are legally enforceable. Your employer cannot prevent you from moving to another company, even if that company is a client. Anti-competition clauses for employees can really only prevent an employee from working for a competitor (or working freelance) while they are also working for that employer.
    Once you have left your employment, your employer has no say over who you work for.

    OP, get a signed contract from the company before you tell your current boss.
    And you would be wrong on all your listed reasons; feel free to read up more on the subject here including with court case references.


  • Closed Accounts Posts: 4,001 ✭✭✭Mr. Loverman


    Take the job!


  • Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    Check to see if there is any agreement between your current employer and your client/new employer about not poaching staff. This could put your new employer in a difficult situation, which could come back to bite you in the ass.


  • Registered Users, Registered Users 2 Posts: 446 ✭✭Ranjo


    Check your contract, as stated above, but here's a suggestion.

    Tell the client you are prepared to work for them, however inform them there are rules about being poached.

    Then suggest to the client that they should terminate the contract with your current employer, you will likely be made redundant, at which time you can freely join them.

    No break in contract and you get a nice little redundancy payout!


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