I Want to go work for a Cient.

[lookingforwork]

What is the name of your state? Iowa

I'm an IT consultant who works for a large Accounting/Consulting firm. I'm looking to get out of the consulting world and would like to go work for a client. However, I am not barred by an employment agreement, the client may be barred from hiring me based on "Terms and Agreements" that are listed in the proposals which clients sign-off on for projects.

Here is the exact verbage:

"Nonsolicitation: In consideration of the parties executing this Agreement, and other good and valuable consideration, the adequacy and sufficiency of which the Client acknowledges, Client agrees that it shall not, during the term of this Agreement and for a period of one (1) year following termination of this Agreement, directly or indirectly, by any means or device whatsoever, on behalf of Client or on behalf of, or in conjunction with any person, partnership, corporation, or other entity solicit, induce, entice, or hire, or attempt to hire or employ, or refer employment opportunities to, any employee of [MyEmployer]. In the event Client breaches this provision, Client agrees to pay to [MyEmployer] within thirty (30) days after demand, an amount equal to the greater of $50,000 or 100 percent (100%) of the annual base salary of any such [MyEmployer] employee."

How legal is this? Even if the client doesn't solicite me, how can this prevent me from applying for a job with this client, if they have a position open??

Any advice would be greatly appriciated.

 

[krispenstpeter]

How legal is this?

Yep

Even if the client doesn't solicite me, how can this prevent me from applying for a job with this client, if they have a position open??

I guess you didn't read your own post or you would have seen this portion: "...or in conjunction with any person, partnership, corporation, or other entity solicit, induce, entice, or hire, or attempt to hire or employ, or refer employment opportunities to, any employee of [MyEmployer]."

Unless you are willing to pay the penalty portion of their contract forget it.

 

[Beth3]

"How legal is this?" Perfectly legal - and extremely commonplace.

"Even if the client doesn't solicite me, how can this prevent me from applying for a job with this client, if they have a position open??" It doesn't. It bars the client from employing you unless the client feels like paying $50,000 or your annual salary (whichever is higher) to your current employer. Given the glut of IT people still on the job market, I expect the likelihood of that happening is slim to none unless you have very rare and critically required skills.

 

[lookingforwork]

I was affraid of that.

I'm guessing that even though my employer hasn't followed through with this on past employees/clients, doesn't really matter much.

Now, this non-solicit would be moot if I left my current employeer and picked up a short contract job for some other (non-client) company, and then was hired by a former client, correct?

Thanks again!

 

[krispenstpeter]

Now, this non-solicit would be moot if I left my current employeer and picked up a short contract job for some other (non-client) company, and then was hired by a former client, correct?

Nice try but WRONG! One year bubba. It means ONE YEAR

 

[Beth3]

"I'm guessing that even though my employer hasn't followed through with this on past employees/clients, doesn't really matter much." Yup - it doesn't matter much. They may selectively enforce this aspect of the client contract anytime they feel like it.

"Now, this non-solicit would be moot if I left my current employeer and picked up a short contract job for some other (non-client) company, and then was hired by a former client, correct?" Nope. See krispenstpeter's reply above.