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A clause I frequently see (as one who performs a lot of contract work) is a restriction on accepting an offer of employment from the client of the consulting fi
by Beestie 6mo ago
A clause I frequently see (as one who performs a lot of contract work) is a restriction on accepting an offer of employment from the client of the consulting firm I'm contracting with. Whenever I see this clause, I redline it out and advise the consulting firm to fashion a buyout clause* with the client. I'm very firm that the consulting firm cannot restrict my employment opportunities.
* The buyout clause is between the client and consulting firm and roughly compensates the consulting firm for the lost profit of the rate diff over the remaining term of my contract with the consulting firm.
- ConradKilroy 6mo agowow, I've learned so much from your post, owe you big time!
- hx8 6mo agoI've had a buyout clause used while consulting before. The company was ending their relationship with the contracting company and wanted to keep a handful of individuals.
- nickff 6mo agoFrom what I understand, the contracting firms don't like (reasonably-priced) buyouts because it allows clients to cherry-pick the best 'talent', and basically use the contractor as a 'farm team'.
- 93po 6mo agoyes, it's unfortunately common for employers to abuse their workers by keeping their pay and work conditions as awful as possible and using any means possible to prevent them from leaving to better conditions and pay
- catcowcostume 6mo ago> I'm very firm that the consulting firm cannot restrict my employment opportunities. Great point! NCA are essentially a limitation on your ability to work -- especially in niche industries or fields.