pinching my client to start on my own

bonnerbob

Hi Everybody

I'm a graphic designer and have been tempted laterly to go freelance and phone one of my clienst and say that i've left and ask them for me to quote next time the job comes up. I'm not a bad person, just sick of my boss paying me peanuts and not doing anything but collecting the cheque at the end of it for 5 times my salary.

I guess what i'm asking is, how legal this is, i have never signed anything. And if isn't legal do i have to wait a certain amount of time?

And also is it illegal if they approach me?

Thanks in advance guys

Wanno

Do you have a contract? Sometimes there is wording in there about contacting or solicting business from clients for say 6 months after you resign. I have something in my contract that I mustn't provide work/contract/ tender for work at any of the companies current clients for 6 months after my leaving date. I don't know anything regarding the legality of it all.

YEOVILGOM

bonnerbob wrote: »

Hi Everybody

not doing anything but collecting the cheque at the end of it for 5 times my salary.

I know, it's terrible isn't it, your boss trying to make a profit after paying all the overheads of the business, tax, waiting for the client to pay etc etc

bonnerbob

hmmmm......wonder if your an employer or an employee....lol

YEOVILGOM

bonnerbob wrote: »

hmmmm......wonder if your an employer or an employee....lol

Actually neither, but I have been the latter and hope to be the former one day

ManAtHome

True though - when you're freelancing, you have to chase the cash, fund yourself until it turns up and stand bad debts. Also need to find new work, handle any legals, sort your own payroll, accounts etc - the company you work for does a little bit more than nothing...

I've been a freelance (as a limited company) for quite a few years by the way - just don't make the mistake of thinking it's all easy-peasy ,

fuzzball172

Be careful about poaching clients, as wanno said, check your contract.

McAzrael

As well as checking your contract I should remember that what goes around comes around.

martindow

No expert on this, but I remember a similar thread recently. Apparently even if there is nothing specific in your contract of employment you may still be limited in taking on clients like this.

koru

Perhaps it would be better to simply tell your existing clients that you are leaving to start your own business, but do not solicit them. They are not stupid, so they can work out that if they are interested in having you work for them, they need to make the next move and ask you.

When I left my old employer, a big ex-client wanted me to do a big project for them. My employment contract barred me from doing this for six months, so they phoned the old employer and asked (ie, instructed) them to waive their right to block me from doing this work. Tee hee!

vaio

I’m pretty sure that independent of what your contract says there is an implied term in any employment contract that says you can’t poach clients.
It’s easier to enforce if it’s specifically in the contract but either way you could end up with a legal battle on your hands, I suppose it depends on how much your existing employer values the client