Work issues

redlove

Hi all,


Long time user needing some privacy from possible issue with colleague


Where to start.... I run my own business and a few years ago I appointed a manager to help me with the day to day. I have recently found out that he has been approached by one of my most profitable clients to work for them in a very unprofessional manner. I am absolutely livid that he did not discuss his intentions with me (which of course he has the right not to) and I'm also really disappointed that the client who has poached him has no respect or loyalty to us to do this.


I am seeing a solicitor for legal advise but I doubt there will be much I can do except to learn from this. Perhaps I've been rather naïve to assume that other businesses work like I do.


No contract with the client but it is a multi pound company who would somehow find a loophole or would not be in less bit concerned if I filed for breach of contract.


Any one had something similar happen to them or any advise would be appreciated.

pinkshoes

What does your employees contract say about working for a competitor or customer?

OldMusicGuy

There is nothing unprofessional in anyone approaching one of your employees and offering them a job. They are not your slave and there are legal limitations on what you can put in the contract of employment to stop them leaving and competing against you. Although as they may join a client I expect they may not compete against you anyway. If they decide to leave, you have the notice period in which to find a replacement.

If your employee was happy working for you and also happy with their terms and conditions, they would not/will not leave, it's as simple as that. And as they might join one of your most profitable clients, I don't think it would be a good idea to sour the relationship with them or your client by behaving in such a manner as you seem to be.

FYI I left my current employer to join one of our big clients. After three years I came back. My ex-manager and I parted on good terms and stayed on good terms. He said the door was always open if I wanted to return, which I did and I have stayed here for a long time since returning. It's very common in my company for employees to join clients, and also for us to recruit from clients.

This will sound harsh, but if you were livid that he looked at potential employment opportunities elsewhere then IMO you have some issues as a manager. The fact that he did not discuss this with you and your reaction to it shows that maybe you are not the most approachable of people.

redlove

Hi old music guy
Thank you for your reply.

The reason I’m finding it difficult is that I had placed a lot of trust into this person and saw them not only as a wonderful person to work with but also a friend.

redlove

Hi pink shoes

In the contract it states that employees cannot work for customers until a period of six months after their employment has finished. However I doubt many companies take ex employees to tribunal unless there are confidential issues etc at steak.

OldMusicGuy

redlove wrote: »

Hi old music guy
Thank you for your reply.

The reason I’m finding it difficult is that I had placed a lot of trust into this person and saw them not only as a wonderful person to work with but also a friend.

Perfectly understandable. But the reality is that they are an employee. They owe you nothing apart from one month's notice (or whatever the notice period is). If they were a part owner or had shares in the business, then it might be different (or harder for them to leave). There's various ways organizations try to keep employees, for example my company awards higher performing employees stock options which vest over a number of years to discourage them from leaving.

Look at it this way. You have someone that you regard as a friend going to work for one of your most profitable clients. They know you and your business well. If anything, that will strengthen the relationship between your company and the client if you stay on good terms. If you are magnanimous about this (of course, show your disappointment but accept he must be leaving for a great opportunity), they will feel they owe you something. If you are nasty about it, you could lose two valuable relationships.

Finding good people is tough. Keeping them is even harder.

chesky

How did you find out? Are you sure the information is correct? How do you know he won't turn the offer down - or hasn't already? Why are you so sure he will accept?

suejb2

Maybe you invested too much into this relationship both business and personal.

To paraphrase Michael Corleone; keep your employees close and your ex employees closer!

getmore4less

redlove wrote: »

Hi pink shoes

In the contract it states that employees cannot work for customers until a period of six months after their employment has finished. However I doubt many companies take ex employees to tribunal unless there are confidential issues etc at steak.

Did you get legal advice when you put that in the contract?

depending on the exacts wording it my not be enforceable.

Can you afford to lose this customer?
Any attempt to enforce needs to include the employee and the customer.


If this person is critical to the business are they just an employee or do they get to share in the success of the business.

When running business you should have contingency plans for people not being able to do their jobs(sick, dead , left).

If they are going your focus will need to be recovery as if they do accept the job they are gone and if you fight it you may lose the customer.

OldMusicGuy

redlove wrote: »

In the contract it states that employees cannot work for customers until a period of six months after their employment has finished. However I doubt many companies take ex employees to tribunal unless there are confidential issues etc at steak.

It may be hard to enforce this as it sounds pretty broad, restrictive covenants like this are hard to enforce unless they are tightly worded. Like getmore4less stated, did you get legal advice on the wording in the contract? I think your only recourse here would be to get legal if you want to enforce this, which is not going to make anyone happy.

If it's in the contract I can see why you feel miffed but at the end of the day think about the wider impacts on the relationship with your most profitable customer.

theoretica

redlove wrote: »

Hi old music guy
Thank you for your reply.

The reason I’m finding it difficult is that I had placed a lot of trust into this person and saw them not only as a wonderful person to work with but also a friend.

Employees do leave, it is not like a marriage! He may have felt too bad to tell you, or suspected you would react badly.

Do you think the client will stop using your services now? If they had made the decision to hire someone and stop outsourcing to you, chances are they would have done this whether or not your former employee accepted the offer. Would you rather this job had gone to a stranger and you still have lost the business? And your employee gone to some other job while mad at you for being made to miss this one because of a clause in the contract?