We are a graphic design firm & contract graphic designers to work on a freelance basis. Besides using a contract, how can we keep the designer from contacting our client directly & offering their services (cutting us out)? Need professionals or experienced businesspersons to reply with valid advice--thank you in advance.
2006-09-08 09:04:57 · 10 answers · asked by Studio7 2 in Business & Finance ➔ Careers & Employment
You need some sort of a contract or agrement. There is no way around that. There is no efficient way to stop people from knowing who the client is, for example so they can't call them.
We use contractors all the time and we always have them fill out confidentiality or non-disclosure agreements. You don't want people going around talking about your business. And then it is not uncommon to add to that a non-compete agreement much like you would have with an employee.
All of this could also be part of the basic employment agreement for your contract employees (see the same legal websites)- many have both non-compete and non-disclosure in there along with the stipulation that all work done belongs to your company and needs to be returned afterwards. But I digress.
So you need an agreement and it should not be hard to put in place either with new people or to add on for existing people.
2006-09-08 09:12:32 · answer #1 · answered by QandAGuy 3 · 0⤊ 1⤋
1
2016-12-24 00:46:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Do a better job than the freelancers, offer your clients things they cannot get direct from the freelancers on their own. You should be able to add value by virtue of your greater size - better equipment, contacts in other parts of the production process, a "modus operandi" that beats your competitors etc.
Alternatively employ your freelancers and offer them job security in exchange for non-poaching.
If you can do neither, that is to say you cannot keep your freelancers by giving them security and cannot "add value" of your own you have a big question: what are YOU for?
BTW I don't know where you're from but if its the UK I wouldn't try to "enforce" your "rights" over clients. You have none, they can go anywhere they like - you just have to make sure your offering is better than the others. Your contract may stop them approaching clients - so what? All they need to do is have a sociable beer with the client and the client brings it up. Bingo - no case.
2006-09-08 09:14:01 · answer #3 · answered by anthonypaullloyd 5 · 0⤊ 0⤋
I've been a contract technical writer since 1987, and I've seen how lots of different staffing firms operate. Here's what I'd suggest.
First, make sure that you conduct your business ethically. If you don't behave ethically toward the freelancers, they have no reason to be ethical with you.
Second, make sure you have a good relationship with your clients. If you establish a reputation for providing good contractors, they'll be more likely to go through you for their staffing needs.
Basically, build a good reputation, and you won't need to rely on contracts to protest your interests.
JMB
2006-09-08 09:18:50 · answer #4 · answered by levyrat 4 · 0⤊ 0⤋
Other than having the free-lance sign a non-compete clause,( and letting them know that you will not hesitate to enforce it...the only other thing you can do is be able to document that the clent they stole came from your efforts, sue the free-lancer...and make sure future employees know you are prepared to protect your clients from theft. If you know of a client who is being wooed in such a way you might also point out that if they do business with someone who is ethically challenged they are likely to be disappointed in the results, and unlikely to have much recourse if unhappy with the work. Whereas, if they deal with a reputable firm such as yourself....etc.
2006-09-08 09:14:22 · answer #5 · answered by dnaassoc@sbcglobal.net 1 · 0⤊ 0⤋
A non compete agreement is standard in such cases. Additionally, a client agreement can and should have the similar clause restricting them from using anyone that was provided by you without paying you a fee for such.
These are both standard and what I mean by that is not that it is boilerplate but that it is expected and reasonable. Anyone who does not agree to it should probably be reconsidered as a client or a sub.
2006-09-08 09:57:54 · answer #6 · answered by Frust Parent 3 · 0⤊ 0⤋
DM is correct in all aspects. A non-compete should have already been in place. However, his IC's probably are not aware of that and he can TRY to get one in place before he leaves. Beyond that, he can possibly come to an agreement with the dealerships he currently works with to not source jobs to his contractors independently. If they are satisfied with his work, they may agree to it. Beyond that, he might get a friend or associate to "manage" things while he is away to prevent any shananigans.
2016-03-17 10:44:13 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Make them give you a deposit in cash say $5000.00 or an amount your are comfortable with. When they bring in the signed contract you give them back their deposit. If the contract is not signed by the new client them make a follow up call to make sure they didn't make a deal on the side, if the did they forfeit the deposit.
2006-09-08 10:29:48 · answer #8 · answered by Mr.Morgan 4 · 0⤊ 0⤋
Are you a freelance writer who would like to learn far more about how to earn fantastic cash performing what you enjoy? If you want to advance your creating career
2016-06-04 20:32:51 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Have your Atty draw up a Trade Secrets & Covenant Not to Compete agreement and have your current and future contractors sign it.
2006-09-08 09:38:21 · answer #10 · answered by Q.S.G 3 · 0⤊ 0⤋