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Ask HN: Pitfalls in jumping ship to a client company?

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Re: Ask HN: Pitfalls in jumping ship to a client company?

#21

Post by social_quotient »

shafyy wrote: post #9
jxf wrote: post #6

Earlier quoted context omitted.

Contracts like that are frequently unenforceable in the US. A no-hire provision is not a provision you agreed to, and yet it binds you. Courts take a dim view of this sort of restraint on trade.

That's true, but it might still scare the client / new employer off.

This is right. Sure they can hire the new person but they are immediately in breach of the services contract. Sometimes the breach is with it.

The non solicitation clauses are not about stifling employee personal growth. They are about protecting the organization from having its resources pillaged. It’s a reasonable protective instrument in my view.

Re: Ask HN: Pitfalls in jumping ship to a client company?

#23

Post by netman21 »

aptenodyte wrote: post #22

In the old days accounting firms used to love it when their staff went to a client, they saw it as reinforcing the long-term relationship. I dont know if any of these terms have meaning in the modern era.

Came here to say this. When I was at PwC it seemed like the CFO at all of our clients came from PwC.

Re: Ask HN: Pitfalls in jumping ship to a client company?

#24

Post by dncornholio »

The only one who can answer this reliable is yourself, but you do need to ask the right people, which in this case, is not us. Just ask around. Nothing wrong with letting people know you have eyes open for other opportunities. It's only healthy.

If both teams are very involved, the word will get out anyway, so just be open about it from the get-go.

Re: Ask HN: Pitfalls in jumping ship to a client company?

#26

Post by DonHopkins »

netman21 wrote: post #23
aptenodyte wrote: post #22

In the old days accounting firms used to love it when their staff went to a client, they saw it as reinforcing the long-term relationship. I dont know if any of these terms have meaning in the modern era.

Came here to say this. When I was at PwC it seemed like the CFO at all of our clients came from PwC.

Just convince your manager that it was their idea, and it will benefit them and save the company money to let you escape and work for the client, like how Colonel Hogan manipulated Colonel Klink on Hogan's Heros. Maybe your manager will even follow you to the client's safe house!

Klink Encourages Stalag 13's POWs to Escape - Hogan's Heroes - 1970:

https://www.youtube.com/watch?v=WMh8fjO2R50

Convinced he's on the trail of a big-prisoner escape operation, the Kommandant tries to make Stalag 13's POWs feel comfortable escaping so he and Schultz can follow them to the operation's safe house. A witty episode.

Re: Ask HN: Pitfalls in jumping ship to a client company?

#27

Post by beilabs »

While there may not be a clause in your employment contract there may certainly be a clause in the contract between your employer and the client that could possibly be more hassle than it's worth for the client.

The only way to know is to go through the process with the client, declare the possible conflict early on and let them research it on their side to see if it's worth going through with. Best of luck.

Re: Ask HN: Pitfalls in jumping ship to a client company?

#28

Post by Blackstone4 »

jxf wrote: post #6
Blackstone4 wrote: post #3

Your client may have a contract with your employer which would stop them from hiring you. I would ask around. In any case, you could always apply and they say no. Nothing ventured...nothing gained.

Contracts like that are frequently unenforceable in the US. A no-hire provision is not a provision you agreed to, and yet it binds you. Courts take a dim view of this sort of restraint on trade.

The two companies may have an mutual understanding whereby they do not take each others employees to maintain the peace. Even if not enforceable...it may create friction when trying to move over..

Re: Ask HN: Pitfalls in jumping ship to a client company?

#29

Post by rkangel »

I work for a consultancy in the UK. Occasionally someone leaves us to join a client. Our contracts with our clients prevent "solicitation" i.e. trying to encourage some to leave us to join them.

In practice we never use those clauses - it's almost always better to maintain good relationships and reputation with clients. Plus it's legal for our employees to move jobs to them, it's just the solicitation bit that's not allowed.

There was a case at my previous company (that happened before I was there) where a client that wasn't paying for work done, also tried to get the entire project team to leave and join them. They did this by emailing their work email address thereby handing us incontrovertible evidence of breach of contract. This was used as additional legal ammunition to force them to actually pay us. It never made it to court or anything.

Re: Ask HN: Pitfalls in jumping ship to a client company?

#30

Post by ratg13 »

oakmad wrote: post #13

Rule of life: always ask. I’ve always said no is the second best answer and in most cases the sooner you get a definitive answer the better.

Not good advice.

This is not something you ask about.

Once you announce this intention you would become a danger to your employer and they would be best to let you go immediately rather than give you time to collect things to provide your future employer that would take away revenue from them.

If you don't have a job offer, you'd be playing with fire and will likely get burned.

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