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I work for a brochure design company in Virginia. Let's call it XYZ
Brochure Design.
One of our clients ("Harry") is a guy who works for his father's Paper
Supply company, and who decided to create his own side business
selling paper. He came to XYZ Brochure Design to create his
brochures.
Now, a couple of years after Harry's initially coming to XYZ, Harry's
father's Paper Supply company has come to me personally asking me to
create his company's brochures. The thing is, Harry still works for
his father's company, and is managing this project most directly.
My contract with XYZ prevents me from "contacting or soliciting
contract work from any current XYZ client during or within 2 years" of
my employment here.
Would taking on this project with the Paper Supply company constitute
a violation, even though it is Harry's side business which is a direct
XYZ client?
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In article <7dp700hk62gd1ukfbd1u8h3scblu28vb7r@4ax.com>,
scinonfi1976 <scinonfi1976@yahoo.com> wrote:
Now, a couple of years after Harry's initially coming to XYZ, Harry's
father's Paper Supply company has come to me personally asking me to
create his company's brochures. The thing is, Harry still works for
his father's company, and is managing this project most directly.
My contract with XYZ prevents me from "contacting or soliciting
contract work from any current XYZ client during or within 2 years" of
my employment here.
Would taking on this project with the Paper Supply company constitute
a violation, even though it is Harry's side business which is a direct
XYZ client?
It looks to me (based on what you wrote) that _they_ solicited _you_,
which your contract doesn't say anything about (does it?)
Seth
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Seth Breidbart <sethb@panix.com> wrote:
scinonfi1976 <scinonfi1976@yahoo.com> wrote:
Now, a couple of years after Harry's initially coming to XYZ, Harry's
father's Paper Supply company has come to me personally asking me to
create his company's brochures. The thing is, Harry still works for
his father's company, and is managing this project most directly.
My contract with XYZ prevents me from "contacting or soliciting
contract work from any current XYZ client during or within 2 years" of
my employment here.
Would taking on this project with the Paper Supply company constitute
a violation, even though it is Harry's side business which is a direct
XYZ client?
It looks to me (based on what you wrote) that _they_ solicited _you_,
which your contract doesn't say anything about (does it?)
As someone who has signed many NCA's, I say he should not take it on
himself. He would be going into business in direct competition with
his employer via contacts he made through his employer's normal course
of business. Forget the existance of the NCA because what he is thinking
of doing is grounds for termination.
Dick - I never was an attorney
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It looks to me (based on what you wrote) that _they_ solicited _you_,
which your contract doesn't say anything about (does it?)
Technically, this is correct. They solicited me. Well, actually, not
me, but another guy who took on their project and subcontracted the
work out to me. So I'm really one person removed from Harry on this
project.
I don't know if this technicality would hold up, however.
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rdadams@smart.net (Dick Adams) wrote:
Seth Breidbart <sethb@panix.com> wrote:
Now, a couple of years after Harry's initially coming to XYZ,
Harry's father's Paper Supply company has come to me
personally asking me to create his company's brochures. The
thing is, Harry still works for his father's company, and is
managing this project most directly.
My contract with XYZ prevents me from "contacting or
soliciting contract work from any current XYZ client during or
within 2 years" of my employment here.
Would taking on this project with the Paper Supply company
constitute a violation, even though it is Harry's side
business which is a direct XYZ client?
As someone who has signed many NCA's, I say he should not take
it on himself. He would be going into business in direct
competition with his employer via contacts he made through his
employer's normal course of business. Forget the existance of
the NCA because what he is thinking of doing is grounds for
termination.
Exactly right. And it might actually be considered a violation of
the NCA, depending on the rules in the particular state.
If you'd like to do the work but would also like to keep your job,
tell your boss what happened and see what his reaction is. If he
says it's ok, then you may be ok. Otherwise forget it.
Stu
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It looks to me (based on what you wrote) that _they_ solicited _you_,
which your contract doesn't say anything about (does it?)
Technically, this is correct. They solicited me. Well, actually, not
me, but another guy who took on their project and subcontracted the
work out to me. So I'm really one person removed from Harry on this
project.
I don't know if this technicality would hold up, however.
I agree with the view that "they solicited you" so it seems okay. If
it were me in your situation, and I was looking to build my own
practice eventually, I would take on the work, especially if it could
be discreet, not to the knowledge of my employer. However, I am not
recommending this to you.
I once worked for a printer who also did design in-house. Sometimes I
took on design work from the printer's clients, but it was with my
boss's knowledge and consent. Is it not possible that your employer
would agree to this if you consulted with him/her? This would be the
best way (the human way, not the legalistic way). Remember, even if
you were "technically and legally" correct in taking the work, you
still could get fired.
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