Re: First consulting job -- CONSULT400

The issue of non-compete is critical to the survival of any placement company. Often it takes multiple years, many hours of effort, and much expense to open accounts. Placing consultants without preventing them from soliciting business from the client where the agency either placed the person or had him/her interviewed with would be suicidal for the placement agency.

Sadly there is slime on both sides of the fence. As long as we all work together with a strong sense of ethics where collaboration and respect for the other's efforts is observed, then we can all make a good living.

Non-compete contracts have been developed to minimize account stealing and misrepresentations. All should be cautious when signing any contract that would prevent them from earning a living. Very restrictive contracts are not defendable in courts, however, they can tie up a consultant long enough where the competition will no longer be an issue. Make sure that the contracts you sign are specific to the client(s) where you are actually working at and do not exceed one year.

Above anything else lets all be reasonable with one another and we can all coexist for a long long time.

Best Regards,

Leon Rofer
ProStar Partners, Inc.
Executive Search and Consulting
845-782-0623 (voice)
845-782-4376 (fax)
leon@xxxxxxxxxxxxxxxxxxx
www.prostarpartners.com

Note: All removals will be honored

----- Original Message ----- From: "Booth Martin" <booth@xxxxxxxxxxxx> To: "Consulting on the iSeries / AS400" <consult400@xxxxxxxxxxxx> Sent: Friday, December 31, 2004 12:52 PM Subject: Re: [Consult400] First consulting job


A good sense of ethics goes a long ways in this regard.   Also, asking a few
questions may make it clear.  Some of these non-compete clauses are the
result of some pretty outrageous behavior by us programmers.  I've seen
programmers steal the employer's code, then go to a employer's customer and
offer the same services for 1/2 the price.  It never works out, but it sure
muddies the relationship of the wronged employer and his client.

---------------------------------
Booth Martin
http://www.martinvt.com
---------------------------------
-------Original Message-------

From: Consulting on the iSeries / AS400
Date: 12/31/04 11:25:17
To: consult400@xxxxxxxxxxxx
Subject: Re: [Consult400] First consulting job

Usually the non-compete agreement is signed when you start work for a
company. I've been shocked a few times at the restrictions some companies
put on employees.


Sometimes they specify that you can't work for ANY of their clients. But
they don't define what a client is. Is it only clients you've worked at or
only current clients or is it anyone who has ever been their client? I've
found that even if they don't enforce the non-compete, the uncertainty alone
can make it difficult to close a deal with a potential client. The good
thing is that these non-compete clauses are often negotiable, especially if
you are a potential new employee and they have an opening that they think
you can fill.

Chris Andrle


--------------------------------------------------------------------------------


No virus found in this outgoing message.
Checked by AVG Anti-Virus.
Version: 7.0.298 / Virus Database: 265.6.7 - Release Date: 12/30/2004

--------------------------------------------------------------------------------

_______________________________________________
This is the Consulting on the iSeries / AS400 (Consult400) mailing list
To post a message email: Consult400@xxxxxxxxxxxx
To subscribe, unsubscribe, or change list options,
visit: http://lists.midrange.com/mailman/listinfo/consult400
or email: Consult400-request@xxxxxxxxxxxx
Before posting, please take a moment to review the archives
at http://archive.midrange.com/consult400.