Question on Business Clients

[danzakcpa]

I have a general question, in the financial arena where I work, I was never asked to sign any sort of not-to-compete covenants or anything similar to that. I have had clients who have left our firm and then contacted me personally to take them over as my personal clients. What do I need to do, if anything to cover my butt and be ethical? Any advice would be helpful?

Thanks!!!!

Robin

 

[roses_92123]

While I really hesitated answering here (I am in no way qualified to give legal advice), but I thought I would throw something out there that may help you. With non-compete clauses, the trouble comes when YOU actively go and solicit former clients. If your clients are contacting you, without YOUR PURPOSEFUL solicitation, I don't think there are any legalities that you are breaking. Plus, since you never signed any non-compete contract, you also have a bit of an opening.

AGAIN...these are just ideas..NOT in any way to be substituted for any REAL legal advice.

Ethically...that is a whole different issue. You have to decide if you yourself would be comfortable in taking on these clients.

Also, another thing to keep in mind. It is ALWAYS the clients decision as to who they want to work with. Always. If they have a personal relationship with these clients and they feel comfortable with you, that is another area to consider as well.

 

[acatalina]

When i quit my last job i had a no compete clause.I also had a noe work in 4 mile radius.This can be gotten out of. They can't stop you from working unless they wish to pay you.It can be fought. There are ways of getting around.
You can send fliers to the address, not specific person.
Like Resident:
at
Address

The newspaper write up was worked in a popular hair care francise for 10.5 years. I couldn't post worked for dadada .It was the only one around that long.Common sense answered where it was.
They can contact you...

I went through this with my atourney.
Nancy could probably tell you.

It is a free country. If they come to you. There is nothing they can do about it.
Biggest way to have clients find me was to put a picture in with an add.I still after 5 years get calls. Is this the Anne?

Good luck....


Anne
Aka( Storm)

http://www.picturetrail.com/acatalina

 

[danzakcpa]

Anne and Rose, Thank you so much for your advice, I just do not want to do anything unethical, I appreciate it!!!

 

[Utah Gal]

Hi, Robin -

Couldn't resist weighing in with one more piece of advice, and a question - how critical is your current employment to you?
Whether you signed a noncompete or not, if your employer found out about it, would it make your life tough or set things on a bad note where you are?

You aren't in any legal trouble if you accept. The cautious thing to do would be to let your current employer (or at least the HR dept) know that you've been invited and that you want to make sure you've informed your current company before you accept. Then you're 100% covered.

If you hesitate to do that... then you have to think about what would happen if they just found out. Would they be mad? Would they make your life tough from then on or just find an excuse to demote you or fire you? It would be hard to defend yourself against that, even if you've done nothing legally wrong.

Just my additional $.02. I've been in the PR consulting business a very long time and have run into this before

Cheryl

 

[peanut1129]

Just thought I would throw something else out there. Just because you didn't sign a non-compete doesn't mean that your employer doesn't have rules about something like this. Terms of your employment may state that you CANNOT take on any outside clients without the express knowledge of your employer. This is different from signing a non-compete. Also, if you did take on these clients and happened to do something wrong(which I'm sure you would be careful--but things happen) your employer could be subject to any possible lawsuit filed against you by a client. Just thought I would mention this.