RE: layoffs and non-compete

Mark,

I am certainly in no position to give legal advice, either.

But as a practical matter, you wouldn't necessarily have to give up on the
idea of working for some of your empoyer's present clients.

Around here anyway, clients sometimes hire away from a consulting agency.
But they pay some kind of finder's fee to do that.  I didn't get a chance to
ask my client if he's done that (although I'm pretty sure he has) and, if
so, how much he's paid.  But you might be able to float the idea, that if
one of your clients want to pick up this kind of fee, you'd be interested in
talking employment with them.  They may be more than willing, because hiring
is pretty much a "pig-in-a-poke", so a lot of companies would lay down some
good money to be able to hire a known performer.  (That seems to be the
misguided theory that keeps a lot of no-account head-hunters in business.)
If your current employer is on shaky financial ground, you might not be
talking a whole lot of money, either.


In your situation, it'd be a delicate matter.  You sure wouldn't want to
broach the idea with a customer you don't /really/ trust.  'Cause if word
got out, prematurely, you might find yourself at the top of the list as far
as any future layoffs.  (That might not be all bad, in your case.  But I
still hold to the theory that it's a lot easier, in most respects, to get a
new job while you're still working.)  But discussing the possibility of your
current employer getting some kind of finder's fee, right up front with any
of the clients you're currently working for, should show that your also
trying to keep their interests in mind, while pursuing your own
self-interests and the interests of your prospective future employer.


HTH.

jjt

> -----Original Message-----
> From: midrange-nontech-admin@midrange.com
> [mailto:midrange-nontech-admin@midrange.com]On Behalf Of Mark Villa
> Sent: Wednesday, October 31, 2001 10:25 AM
> To: midrange-nontech@midrange.com
> Subject: layoffs and non-compete
>
>
> If an employer is laying off, and you feel you may be soon, and
> take action
> (look out for #1) and go to work someone who falls into the non-compete
> clause how well does that contract stand.
>
> During normal times, I understand that their are exceptions etc. and it is
> case by case, but in these times I imagine it is more *or* less vigorously
> enforced.
>
> What are your thoughts?
>
>
> Mark Villa in Charleston SC
>
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