Non Solicitation Clause

[Stressman]

Hi all

I appreciate this has been asked many times but I have a question regarding a non solicitation clause on my contract.

A number of times now, I've secured a contract purely through the back door, either by contacting an old client directly or through a colleague/friend. The services of an agent has then been sought, once the contract has been agreed with the client. Therefore the agent has not had any involvement with sourcing my services and has only been there to process my timesheet/invoices.

I'm not sure if my situation is relevant to the way the law would view this but if I ran down my current contract and then worked directly for my client, thus cutting out the agent, would the clause be enforceable?

As I understand, these clauses are designed to protect their business interests. However, their business has been directly due to me approaching them. Therefore, in effect I have actually provided them with an income, as opposed to vice versa.

Any advice would be appreciated.

Thanks.

[SueEllen]

Get the clause removed from the contract telling the agency its unenforceable.

[MrMarkyMark]

Hi all

I appreciate this has been asked many times but I have a question regarding a non solicitation clause on my contract.

A number of times now, I've secured a contract purely through the back door, either by contacting an old client directly or through a colleague/friend. The services of an agent has then been sought, once the contract has been agreed with the client. Therefore the agent has not had any involvement with sourcing my services and has only been there to process my timesheet/invoices.

I'm not sure if my situation is relevant to the way the law would view this but if I ran down my current contract and then worked directly for my client, thus cutting out the agent, would the clause be enforceable?

As I understand, these clauses are designed to protect their business interests. However, their business has been directly due to me approaching them. Therefore, in effect I have actually provided them with an income, as opposed to vice versa.

Any advice would be appreciated.

Thanks.

No, they wouldn't be, if the situation is as you describe.

In exactly the same situation as you, just spent the last few days getting the contract how I want it.
That included removing all non solicitation clauses. Unbelievably, I had to virtually promise to send the boys round to the agents house to get them taken out.

Ideally, in future, get the contract changed. You may have a fight on your hands, but stick to your guns. Make sure you know the law better than they do.

I got everything I wanted, even though at the start they said they would not change anything.

[northernladuk]

Bearing in mind nearly all the other handcuff questions you say you know have been asked are about cutting the agent out why didn't you read them and get your answer.

[northernladuk]

If you are through an.agent and you've signed a handcuff clause (let's assume it's not so badly written it's unenforceable) then it will stick. You've accepted it by signing the contract. End of.

You fulfil that contract and then go direct to a gig that would normally have to go through the agent then he can prove loss. More or less a slam dunk win for him.

If you've found a role direct but they have put you through and agent, what makes you think they will take you direct? They've already put you through the agent once. Why not again?

[MrMarkyMark]

Bearing in mind nearly all the other handcuff questions you say you know have been asked are about cutting the agent out why didn't you read them and get your answer.

The agent I was dealing with said they were to protect the client.

Needless to say I replied not to insult me, by suggesting that I didn't know exactly what they mean. The fact that I had cc'd in MD and a Director made it all the sweeter

Point being, we have a lot on here that "forget" to negotiate, or don't have the balls, makes it unnecessarily harder for the rest of us.

[Stressman]

No, they wouldn't be, if the situation is as you describe.

In exactly the same situation as you, just spent the last few days getting the contract how I want it.
That included removing all non solicitation clauses. Unbelievably, I had to virtually promise to send the boys round to the agents house to get them taken out.

Ideally, in future, get the contract changed. You may have a fight on your hands, but stick to your guns. Make sure you know the law better than they do.

I got everything I wanted, even though at the start they said they would not change anything.

Thanks

Unfortunately it was something I overlooked as my client wanted me on board quickly and it didn't seem to be an issue at the time. Situations change though and I have an opportunity to put a proposal forward.

My agent is a nightmare so want to get rid anyway.

[MrMarkyMark]

Thanks

Unfortunately it was something I overlooked as my client wanted me on board quickly and it didn't seem to be an issue at the time. Situations change though and I have an opportunity to put a proposal forward.

My agent is a nightmare so want to get rid anyway.

More haste, less speed required next time, then .
They always try and rush you to sign, especially if there are things in there that are debatable, but are in their interests to have in there.



A mate of mine recently made a good point, "No one ever got fired for getting someone to sign a standard contract"

[SueEllen]

Thanks

Unfortunately it was something I overlooked as my client wanted me on board quickly and it didn't seem to be an issue at the time. Situations change though and I have an opportunity to put a proposal forward.

My agent is a nightmare so want to get rid anyway.

The client or agent always wants you on board quickly - but they can wait 24-48 hours.

If the worst comes to the worst, and it rarely does, you can make the time up by working a Saturday.