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Say there's no non-compete clause...
Posted on 1/25/23 at 11:53 pm
Posted on 1/25/23 at 11:53 pm
And you were wanting to start your own business and keep working with the clients you have with your current company. How would you time/approach it so that you have the best odds of retaining your clients?
Theoretical of course.
Theoretical of course.
This post was edited on 1/26/23 at 12:01 am
23
Posted on 1/25/23 at 11:55 pm to vuvuzela
Posted on 1/26/23 at 12:00 am to vuvuzela
Before you start the business
Posted on 1/26/23 at 12:02 am to vuvuzela
quote:There's no non-compete clause...
Say there's no non-compete clause...
Happy?
Posted on 1/26/23 at 12:02 am to vuvuzela
(no message)
This post was edited on 1/26/23 at 12:12 am
Posted on 1/26/23 at 12:04 am to djangochained
quote:
Before you start the business
Agree. Theoretically though, when you are meeting with them and they theoretically know you are A+, how do you subtly ease them into it? I mean, you wouldn't want to time it wrong and have flags set off.
You can trust some, but not all.
This post was edited on 1/26/23 at 12:33 am
Posted on 1/26/23 at 12:04 am to vuvuzela
Here's hoping someone does the same to you someday.
But then again, being an employee isn't the same as being the boss. You probably can't hack it.
But then again, being an employee isn't the same as being the boss. You probably can't hack it.
Posted on 1/26/23 at 12:06 am to Langland
quote:
Here's hoping someone does the same to you someday.
Hope so too, honestly.
quote:
But then again, being an employee isn't the same as being the boss. You probably can't hack it.
Not looking to be a boss, looking to work for myself. I do appreciate the input though from your perspective, genuinely.
Posted on 1/26/23 at 12:14 am to vuvuzela
Judges are not big fans of no compete clauses by rule of law. You could probably just go to court if necessary and it was worth it.
Posted on 1/26/23 at 12:35 am to vuvuzela
Theoretically… it depends on the language in the non compete. Personally, if I was serious about it, I’d consult an attorney that works in this field.
Posted on 1/26/23 at 12:37 am to vuvuzela
quote:
You can trust some, but not all.
That’s what NDA’s are for
Posted on 1/26/23 at 12:48 am to vuvuzela
If you’re gonna do it. Do it. Sink or swim
Posted on 1/26/23 at 6:14 am to vuvuzela
Is this poaching clients from your current employer?
Risk galore. Once you start, the clients may perceive it as too risky and decline. Maybe even as an ethics violation since you have deep knowledge on a competitor. Then you’ve lost your business proposition AND burned bridges in the professional community. I’ve seen cases where the former employer goes scorched earth to bury the upstart; even losing margin to retain the client.
If you can start your own gig, it can’t be built in the foundation of existing clients or relationships. Those are bonus if you can utilize, not a starting premise.
Risk galore. Once you start, the clients may perceive it as too risky and decline. Maybe even as an ethics violation since you have deep knowledge on a competitor. Then you’ve lost your business proposition AND burned bridges in the professional community. I’ve seen cases where the former employer goes scorched earth to bury the upstart; even losing margin to retain the client.
If you can start your own gig, it can’t be built in the foundation of existing clients or relationships. Those are bonus if you can utilize, not a starting premise.
Posted on 1/26/23 at 6:15 am to vuvuzela
The non-compete clause is one thing. The non-disclosure is another. Did you sign anything related to that? This is the one that is generally enforceable enough that they can hit you with a lawsuit. Trust me.
Doesn't need to be something critical to their business. If you said something about how they processed an order... even if other companies do it in a similar way... you are disclosing knowledge that you gained from that company about how they do things.
I don't know your business or what it is you do but look at everything you signed when you started or signed since then. Quite often non-competes aren't really the issue. Just beware.
With that said you really need to approach clients after you leave. Just takes one to tell your current company you approached them before you left. Be careful. IF your former company has any reason or inclination to file a suit against you for any reason and they do it, you will have a very hard time getting anyone to come with you knowing you have legal issues with your former company. Businesses don't want to get involved in that at all.
Doesn't need to be something critical to their business. If you said something about how they processed an order... even if other companies do it in a similar way... you are disclosing knowledge that you gained from that company about how they do things.
I don't know your business or what it is you do but look at everything you signed when you started or signed since then. Quite often non-competes aren't really the issue. Just beware.
With that said you really need to approach clients after you leave. Just takes one to tell your current company you approached them before you left. Be careful. IF your former company has any reason or inclination to file a suit against you for any reason and they do it, you will have a very hard time getting anyone to come with you knowing you have legal issues with your former company. Businesses don't want to get involved in that at all.
Posted on 1/26/23 at 6:23 am to vuvuzela
I told my employer that I was leaving to start my own company the day before I filed the articles of formation. They asked me to stay around at least 2 weeks to help transition my projects. They also asked me not to tell any clients until they had a chance to talk to them. I told them I would give them one week before I started talking to my clients about my new company.
They couldn't get organized in that one week period so it turned out that I was the one who was able to deliver the news. The whole thing worked out very well for me and I think that was due in a large part to me taking the high road. My former employee never badmouth me and I never badmouthed them.
All my existing clients gave me an opportunity.
They couldn't get organized in that one week period so it turned out that I was the one who was able to deliver the news. The whole thing worked out very well for me and I think that was due in a large part to me taking the high road. My former employee never badmouth me and I never badmouthed them.
All my existing clients gave me an opportunity.
Posted on 1/26/23 at 7:17 am to vuvuzela
I am sure whatever state you are in has a Trade Secrets law, and, brother, you look to be itching to violate it
Posted on 1/26/23 at 7:22 am to vuvuzela
If serious, buy two -three hours of time with a competent commercial lawyer for advice. This is a very fact intensive issue, and the advice will vary accordingly. If you’re not serious enough about to make this kind of investment for planning purposes, forget the whole thing.
Posted on 1/26/23 at 7:27 am to vuvuzela
So you want to quit your job, start a new company and go to war with your old company over their (not your) client base. Let's see how this plays out.
Posted on 1/26/23 at 7:30 am to vuvuzela
Sad that you millenials have no company loyalty these days. Us boomers have worked for the same boss man for 40 years and have reaped the benefits while you millenials hop around for a couple more dollars an hour
Posted on 1/26/23 at 7:37 am to vuvuzela
In my experience, non-solicits are more prevalent than non-competes. So in case you are under an employment agreement, make sure you don’t have non-solicit language too. Non-hire / corporate raiding is also popular.
Other than that, good luck. Make sure you are equipped to take on your first client bc the moment you try to bring over a client and can’t service them, that word gets out that you “aren’t ready”
Other than that, good luck. Make sure you are equipped to take on your first client bc the moment you try to bring over a client and can’t service them, that word gets out that you “aren’t ready”
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