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"Offering yourself" to a client

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David072
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PostPosted: 08:02 - 17 Jun 2014    Post subject: "Offering yourself" to a client Reply with quote

The title seems a little odd, but it's kind of right. Couldn't think of a better way to write this!

Basically, I work for a company and one of our clients has 3 months or so left on their contract. I'd very much like to work for the client company, they share the same views as I do and I know I can help them steer the company the right way.

We've done fantastic on the contract which I have lead (5 x increase of sales), and me joining them would be far more cost effective.

At the same time, I don't want to be screwing over the company I work for.

How would you approach this? Is this uncommon?

Also, how should I ask the MD of the company (he's the contact I have, though we're not exactly very close so to speak) if he would consider hiring me full time? Not sure how to go about this to be honest, an email from a personal account or a phone call? He's hard to pin down for a meeting as he lives abroad.

Any advice appreciated!
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Tarmacsurfer
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PostPosted: 09:04 - 17 Jun 2014    Post subject: Reply with quote

Read your current contract carefully, there may well be a non competition clause to prevent exactly what you have in mind.

Also, stop the "I don't want to screw over the company" hand wringing. Either you accept the fact that you are indeed screwing over the company and move on, or you stay as you are. You can't be an all around nice guy AND have what you want.
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Itchy
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PostPosted: 09:11 - 17 Jun 2014    Post subject: Reply with quote

Whatever you do don't burn bridges
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CyrilSwan
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PostPosted: 09:21 - 17 Jun 2014    Post subject: Reply with quote

There's bound to be a clause in your contract to stop this as said above.

Mine had one, but they got a chimp to write it and so it made no sense and wasn't valid.
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Hetzer
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PostPosted: 09:34 - 17 Jun 2014    Post subject: Reply with quote

I'd mention the virtue of loyalty if wasn't for the certainty your company would have zero in similar circumstances.
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David072
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PostPosted: 09:47 - 17 Jun 2014    Post subject: Reply with quote

Tarmacsurfer wrote:
Read your current contract carefully, there may well be a non competition clause to prevent exactly what you have in mind.



Had a look at this, it's difficult to understand what the contract is saying exactly, but from what I can see it says I cannot offer services to any current/past client. However, it doesn't say I can't work for that client - unless I'm reading things incorrectly?

Also, I wonder how strong these contracts are? My last one for my previous company basically said I couldn't work in this industry for 3 months after leaving, but obviously I stayed in the industry when I switched jobs.
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Matt B
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PostPosted: 09:48 - 17 Jun 2014    Post subject: Reply with quote

Just email the guy. Say the following:

You are aware that their contract is ending
You have enjoyed working with them
You like their attitude/ethos/approach to whatever it is they do
You are looking for new opportunities
If they have any upcoming/current vacancies you would be very interested in talking to them about it and could he point you to the right person to deal with
Say why it would benefit them to take you on board.

Keep it short and to the point.

Don't feel bad about asking. It's business, people move about all the time and a lot of it is done through networking now. That's why LinkedIn has become so popular.
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slowlydoesit
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PostPosted: 10:01 - 17 Jun 2014    Post subject: Reply with quote

Matt B wrote:
Say why it would benefit them to take you on board.

^^^ This. They don't care whether it benefits you or whether you like working with them. The boss in particular wants to know how it will make his life and his company better.
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Rogerborg
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PostPosted: 10:07 - 17 Jun 2014    Post subject: Reply with quote

I would ignore any non-compete. Breach of contract has to quantify a loss: good luck with that. People leave, you're not a slave.

At the same time, I agree with not burning bridges. Love it there, just time to move on, never say never, and all that.

Contacts are better coming from within. Is there anyone within this company that you've been working with to whom you could "mention" that you think they're soooooo dreamy?
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David072
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PostPosted: 10:11 - 17 Jun 2014    Post subject: Reply with quote

Again, thanks for all the advice guys - much appreciated!

Given the contract has 3 months to run, at what stage do you think I should approach them?
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Matt B
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PostPosted: 10:15 - 17 Jun 2014    Post subject: Reply with quote

If your notice period is 3 months then now would be a good time. Even if it's shorter then it will take a while to get things sorted (if it happens).
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lihp
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PostPosted: 10:22 - 17 Jun 2014    Post subject: Reply with quote

I'd do it by phone, from a different phone other than yours.

Then, if it doesn't work out, you can deny it flat out to your employer, if they have calls from your work/personal number, or emails etc, and they screw you over there's evidence.

Phone call is more awkward to prove (unless they're recording calls).
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Pete.
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PostPosted: 10:37 - 17 Jun 2014    Post subject: Reply with quote

No way would I make any approach by email. I'd go and see someone in person. Have a third option ready just in case they do what someone did to my mate and called his boss. Got him sacked and no job to move on to.
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stinkwheel
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PostPosted: 10:38 - 17 Jun 2014    Post subject: Reply with quote

I like Matt Bs approach.

Restrictive covenants aren't worth the paper they are written on. No court will enforce a clause in a contrract with a previous employer which prevents you working.

You could potentially be sued for losses if you cause such by, for example using priveliged information you had access to to give your new employer an advantage.

So for example, I work as a vet. There is a restrictive covenant in my contract saying I can't work for another practice within a 20 mile radius for 2 years after leaving this one. That part is utterly unenforceable, I could go and work for the practice next door and no court in the UK would stop me.

If however, I started contacting previous clients and touting them to join the new practice, I would leave myself open to being sued for effectively stealing goodwill.

This still doesn't stop things like that happening and it would be difficult to do anything about it/prove. My Dad made his fortune doing something similar. During the last recession, all the companies in a similar line of work to him were laying off staff left, right and centre. He hired his competitors sales staff who brought their contacts, knowledge and inevitably business with them.
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DrDonnyBrago
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PostPosted: 10:41 - 17 Jun 2014    Post subject: Reply with quote

Slightly disappointed that this isn't about escorting.
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krarkol
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PostPosted: 11:07 - 17 Jun 2014    Post subject: Reply with quote

David072 wrote:


Had a look at this, it's difficult to understand what the contract is saying exactly, but from what I can see it says I cannot offer services to any current/past client. However, it doesn't say I can't work for that client - unless I'm reading things incorrectly?

Also, I wonder how strong these contracts are? My last one for my previous company basically said I couldn't work in this industry for 3 months after leaving, but obviously I stayed in the industry when I switched jobs.


By services I assume it means you can't for example start a rival company and steal your current places client list.

Sounds like there's nothing stopping you from switching though.

About the "you can't work in this industry for the next 3 month" what is it to them? Surely when you have left that is the end of your contract with them so they can't actually tell you what to do for the next 3 month? Even if they could, I'd ignore it. They don't own you, you just merely do work for them in return for some money.
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David072
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PostPosted: 11:35 - 17 Jun 2014    Post subject: Reply with quote

Pete. wrote:
No way would I make any approach by email. I'd go and see someone in person. Have a third option ready just in case they do what someone did to my mate and called his boss. Got him sacked and no job to move on to.


Easier said than done when he is on the other side of the world (literally Smile )
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covent.gardens
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PostPosted: 11:42 - 17 Jun 2014    Post subject: Reply with quote

David072 wrote:
Had a look at this, it's difficult to understand what the contract is saying exactly, but from what I can see it says I cannot offer services to any current/past client. However, it doesn't say I can't work for that client - unless I'm reading things incorrectly?

I would interpret that as an intention to stop the common occurrence whereby an employee sent to a premises to do some work, does that work, then gets approached and asked for a "private rate" to come back, in his own time, and do some future cash-in-hand work, cutting his employer out.

When there is ambiguity, the person who wrote the ambiguous contract generally loses out.
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TheArchitect
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PostPosted: 11:49 - 17 Jun 2014    Post subject: Reply with quote

The company I work for has a clause in the contracts of those based in the middle east which prevents them from working with or for any company/client that has any links to the current their project for 6 years.

UK employment laws have no jurisdiction over there, so once you sign the contract you're pretty much owned by your company.

That said, it's not unheard of for a mutual agreement to be made if it benefits both sides.
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Gunge
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PostPosted: 20:27 - 17 Jun 2014    Post subject: Reply with quote

It's also possible that the client's service contract with your employer has clauses preventing poaching of staff.
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Rogerborg
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PostPosted: 22:35 - 17 Jun 2014    Post subject: Reply with quote

Squiggles on a piece of paper don't stop you from doing anything.

Can they enforce it?

Will they try and enforce it?

Will they succeed?
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