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Poached by a client

 
#1 Poached by a client
11/09/2008 16:27

Anon

Guys, I could really do with some advice. I am working on a contract that is finishing next month but I have been asked by the client to go and work for them on a contractual basis once its completed. The role is completely un-related to the work we are currently doing. Only problem is that in my contract of employment it says I am not able to work for a client for at least 6 months after working for the company.

I have been offered another job and was thinking I could quit saying I was joining company x but company y are so concerned that I am leaving they came in and made me an offer!!

Is there any way around this and should I be concerned.

We are doing so much work for this company that im sure my boss doesnt want to cut off his nose to spite his face and risk loosing other work

Your help would be apprecitated

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#2 RE: Poached by a client
12/09/2008 08:53

Mars A Day to Anon (#1)

Speak to your Manager and explain your predicament - if there is no conflict of interest (you mention that the work would be completely unrelated to the area you currently work in), and you have had a postive experience with your current company there should be no reason for them to veto the move. Also worth pointing out that having a well regarded alumni of your current company on client staff can do well for future business - tell your Manager you would of course promote them in new areas, talk them up etc.

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#3 RE: Poached by a client
12/09/2008 23:06

TaxMan to Mars A Day (#2)

Dot listen to Mars :)

Set up your own LTD company.

Work for YOUR LTD company

Get client to offer work to your LTD company.

6 months in, wind up company.

Simple, legal and correct

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#4 RE: Poached by a client
15/09/2008 14:32

K to TaxMan (#3)

Better than being grilled by a client right?

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#5 RE: Poached by a client
15/09/2008 15:09

Mars A Day to Anon (#1)

Actually I agree 100% with Taxman - ignore me! :-)

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#6 RE: Poached by a client
15/09/2008 15:41

anon to Mars A Day (#5)

Ignore them both.

Read up on Dragonfly Ltd and don't ever consider setting up your own Ltd Co to work through.

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#7 RE: Poached by a client
15/09/2008 15:46

Anon to Mars A Day (#5)

Is the role another contracting post?

Do you care (you should as consulting is a very small world) whether you upset your current employer?

The LTD route is legally correct, but having a business like conversation with your current employer (this may not be your project manager but someone reasonably senior inside the business) about this job offer and why its good for you and them is the right way forward.

You should also put the problem back onto your client. Get them to take some ownership and act as an intermediary. Remember they will have also signed terms with your employer saying they arent allowed to poach staff without prior approval.

The reason for the term in your contract is primarily to stop loss of future revenue. If you can demonstrate that having yourself inside their client's business as a strong supporter of the consulting firm is more valuable than the net margin they make out of your day rates, then this wont be an issue.

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#8 RE: Poached by a client
15/09/2008 15:52

Dragonfly article to anon (#6)

http://www.blevinsfranksaccountants.com/blog/?p=210

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