RE: Consultants:Dim or Delete the Non-Compete?

Subject: RE: Consultants:Dim or Delete the Non-Compete?
From: Jason Willebeek-LeMair <jlemair -at- cisco -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Fri, 15 Mar 2002 14:05:03 -0600

Andrew wrote:

"An agency has a right to protect its business relationships with their
customers. Remember, you are an employee of the agency, not the company
you're working. Therefore, if the company wants to hire you, they have to
you out of the agency. "

Interesting. So you can't quit the agency and apply at the company. Then
why don't companies have to pay other companies for sniping their employees?
If you are going to liken it to full time company employment (being an
employee of the agency), why wouldn't the same "rules" apply. (Not that I
agree with undercutting an agency--one of my good friends owns one--just a
random thought).

I see it more as you are hiring the agency to market you. In return, you
agree to give them a cut of your profits instead of paying up front. Like a
talent agent. Oddly enough, you never hear of a movie producer offering to
hire an actor directly and bypass their agent. I guess tech companies have
more cajones.

"You cannot use agencies as your unpaid, personal marketing team."

No disagreement there. Which is why I would never undercut an agency, if I
used one.

"There has been many challenges to non-compete agreements and
they have not been successful."

There have also been many cases where they have been overturned, because
they interfered with the workers livlihood.

"If non-compete clauses bother you, then you should become an independent
consultant and stop working with agencies."

Again, I agree.

Just some food for thought and fuel for the fire. I am happily captive.
Would be happier if the tech stocks would rebound a bit faster.


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