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saspro
Site Admin
Joined: Thu Apr 23, 2009 5:53 pm Posts: 8603 Location: location, location
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As many of you are aware I'm not that happy in my job. I'm in a similar position to a mate of mine who also works for the same company.
Looking at the client base I've got a lot of customers who like me & not the company.
Should I consider starting up supporting these customers on my own (well with a mate) or just look for another job?
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Tue Sep 01, 2009 3:52 pm |
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jonlumb
Spends far too much time on here
Joined: Thu Apr 23, 2009 6:44 pm Posts: 4141 Location: Exeter
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I would double check your contract, you may well not be able to approach them.
_________________ "The woman is a riddle inside a mystery wrapped in an enigma I've had sex with."
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Tue Sep 01, 2009 4:12 pm |
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saspro
Site Admin
Joined: Thu Apr 23, 2009 5:53 pm Posts: 8603 Location: location, location
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No covernance , it's a bog standard fsb contract. Double checked that. I also wouldn't be stealing them, I'd just let them "shop around" upon renewal.
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Tue Sep 01, 2009 4:14 pm |
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Angelic
Doesn't have much of a life
Joined: Thu Apr 23, 2009 7:16 pm Posts: 704 Location: Leeds, UK
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With the current job market being the way it is, i'd thoroughly recommend taking up these clients and reducing your working hours accordingly (contract permitting). Once you get a steady client base you might even be able to quit your job completely and work for yourself.
It's a security, as with people losing their jobs here there and everywhere it's wise to have a backup plan and if you reckon you can handle it then go for it.
You'll probably enjoy it more too =)
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Tue Sep 01, 2009 4:40 pm |
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RedEyes
Occasionally has a life
Joined: Thu Apr 23, 2009 6:13 pm Posts: 228
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I'd suggest speaking to a solicitor before you go too far. It shouldn't cost too much for an initial appointment and could end up being well worth it. But otherwise, go for it - although if you can get away with getting yourself up and running on a part time basis before you actually quit, so much the better. Just don't expect nice references from your current employer. 
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Tue Sep 01, 2009 4:53 pm |
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Spreadie
I haven't seen my friends in so long
Joined: Fri Apr 24, 2009 6:06 pm Posts: 6355 Location: IoW
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I suppose a valid question is, can you compete on price in this climate?
I don't know about the IT industry, but a lot of others are pricing at rock bottom just to win the work right now. Just for the turnover.
Established companies are better equipped to weather the storm than startups looking to cover setup costs.
So really, it's a question of timing.
Regards
Spreadie
_________________ Before you judge a man, walk a mile in his shoes; after that, who cares?! He's a mile away and you've got his shoes!
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Tue Sep 01, 2009 5:52 pm |
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leeds_manc
I haven't seen my friends in so long
Joined: Thu Apr 23, 2009 8:19 pm Posts: 5071 Location: Manchester
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Just go for it.
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Tue Sep 01, 2009 6:10 pm |
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paulzolo
What's a life?
Joined: Thu Apr 23, 2009 6:27 pm Posts: 12251
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If you leave, you may have to sign a document agreeing not to poach clients for a specific amount of time.
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Tue Sep 01, 2009 6:27 pm |
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boothy_1993
Occasionally has a life
Joined: Sun Apr 26, 2009 9:54 am Posts: 232 Location: Alfreton, Derbyshire
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go for it matey 
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Tue Sep 01, 2009 6:42 pm |
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Linux_User
I haven't seen my friends in so long
Joined: Tue May 05, 2009 3:29 pm Posts: 7173
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Er, don't sign it? 
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Tue Sep 01, 2009 8:21 pm |
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finlay666
Spends far too much time on here
Joined: Thu Apr 23, 2009 9:40 pm Posts: 4876 Location: Newcastle
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I don't think you will have a choice, it could be classed as gross misconduct to leave with the sole intention of poaching customers, lots of contracts will have things like this to stop someone leaving for another company and taking the workforce (the good part at least) with them Failing that they could always put you on indefinite gardening leave which would probably ruin your chances of getting them as you will have a non-contact clause with customers no doubt ruining chances of getting them as a customer. The way around it of course coulf be to approach them now and ask THEM to contact YOU in a period of time in the future or to 'keep in touch' as it's not you approaching them technically 
_________________TwitterCharlie Brooker: Macs are glorified Fisher-Price activity centres for adults; computers for scaredy cats too nervous to learn how proper computers work; computers for people who earnestly believe in feng shui.
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Tue Sep 01, 2009 9:19 pm |
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Linux_User
I haven't seen my friends in so long
Joined: Tue May 05, 2009 3:29 pm Posts: 7173
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Yes you do, it's called handing in your notice and refusing to sign it. If you don't need a reference who gives a flying [LIFTED] what the employer then thinks about you? After all if they say anything that's unsolicited you could have them up for libel. A contract is one thing, agreeing to sign something else before leaving is quite another.
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Tue Sep 01, 2009 10:19 pm |
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leeds_manc
I haven't seen my friends in so long
Joined: Thu Apr 23, 2009 8:19 pm Posts: 5071 Location: Manchester
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Tue Sep 01, 2009 10:26 pm |
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finlay666
Spends far too much time on here
Joined: Thu Apr 23, 2009 9:40 pm Posts: 4876 Location: Newcastle
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They can issue you with gardening leave as part of your period of notice. My intern contract at MS was very comprehensive about approaching members of staff/customers after I had left (and while still employed) and what I could/could not do in terms of approaching them. I doubt you have had experience of a similar contract and what an employer can do to prevent you taking business with you when you leave. They still have a lot of control even if you hand in your contract. You don't understand how important a reference actually is from a proper job, especially when (and I hope it doesn't happen if) the startup goes under and saspro is forced to find a regular means of employment. As for a reference one of the most damning things an employer can do is refuse to give a reference. It is brought up on interviews as to why they refused to provide one and is seen as a major negative for any prospective employer to think "This person left their old job and took a lot of customers with them, we can't risk them doing the same here" As I said which is where they refuse your offer of resignation and give you gardening duty for an indefinite period instead in order to prevent you contacting these companies or similar. This means although you still receive a salary (usually full amount or a healthy percentage of that) and do not perform any duties as you are held away from the company. This also normally happens with large companies where you hold information valuable to a product/service, and the gardening leave means that when you are released from your contract the information is old and less valuable or completely different now. Leeds_manc: WTF has that got to do with my post? I wish saspro the best obviously but I am trying to explain how an employer can make a situation like this very difficult
_________________TwitterCharlie Brooker: Macs are glorified Fisher-Price activity centres for adults; computers for scaredy cats too nervous to learn how proper computers work; computers for people who earnestly believe in feng shui.
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Tue Sep 01, 2009 10:30 pm |
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JJW009
I haven't seen my friends in so long
Joined: Thu Apr 23, 2009 6:58 pm Posts: 8767 Location: behind the sofa
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When I left my last post, I asked for clarification on this exact matter. In my case, the contract which I accepted (but didn't sign; accepting the pay cheque amounts to the same thing) locked me out of the customer database for 3 months. I personally think that's quite reasonable. However, those 3 months are over now. I was on pretty good terms with quite a few customers, and I have every intention of winning the nice ones back. They can keep the annoying ones  My new company has business relationships with a few one-man or very small IT companies. Some of them are doing very much better than others, and it all really comes down to customers. If you don't have them, you don't get paid.
_________________jonbwfc's law: "In any forum thread someone will, no matter what the subject, mention Firefly." When you're feeling too silly for x404, youRwired.net
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Tue Sep 01, 2009 10:40 pm |
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