Go Back   WAHM Forums - WAHM.com > >

Welcome to the WAHM Forums - WAHM.com.

Welcome to WAHM Forums

Already registered? Login above 

OR

To take advantage of all the site's features, become a member of the largest community of Work-At-Home Moms.

The advertising to the left will not show if you are a registered user.


Reply
 
Thread Tools Search this Thread
  #1 (permalink)  
Old 12-26-2011, 08:53 PM
Icon's Avatar
WAHM Addict
Thread Starter
 
Join Date: Jun 2005
Location: United States
Posts: 2,617
Default Would I be wrong if I did this?

My major private client has stopped outsourcing, and that's all I'm going to say on THAT subject. One of the clients she worked with, and whom I did work for, was a client I liked. They paid more and research links were provided, so there was no research needed. Also, the subject matter was one that's dear to my heart.

I'm not certain how well this client and my former client know each other, but I would like to work with this client personally and want to drop her an email expressing my interest. Would this be straight out unethical?

She was aware that my client was outsourcing work, and she may even recognize me because I've sent emails with questions to my former client that got forwarded to her.

I really don't care if my former client is still doing work for her. I just want to let her know that if she needs more writers, I'm available. She pays weekly and usually has a steady stream of work.

I would like to keep it real and let her know that I worked for my former client and am very familiar with her requirements and such. Or should I just approach her without bringing up my previous association with my former client. We ended on good terms, despite the the issues I won't go into here.

I think I could get more in terms of pay, because what I got was what my former client decided to pay us after she got her cut.

What you think? Should I or shouldn't I?
Reply With Quote
Sponsored Links
  #2 (permalink)  
Old 12-26-2011, 09:10 PM
ErinHill226's Avatar
Awesome WAHM
 
Join Date: Jun 2011
Location: Upstate, South Carolina
Posts: 854
Default

Others might disagree, but I would go for it. You are a freelancer, and thereby, are not married to this former client. Plus, you don't work for her now anyway. Relationships end, and that's part of the game. I always use my experience with certain companies to get hired by similar companies, even they are direct competitors. In fact, my editors/clients encourage me to do so. Sometimes, they even give me a list of companies to contact. My relationships have ended due to no fault of my own, though. And as long as you aren't trying to blatantly STEAL her work, I don't see an issue. And really, even if you were... the client won't go for it unless this other writer is lacking. Not that I'm telling you to play dirty, of course. lol

The only way I would say you are doing wrong, is if you signed any sort of contract saying you couldn't do it. Otherwise, why not? This person knows the writer was outsourcing. You aren't writing for client A anymore to begin with, which means if you DON'T contact this other person, you won't get to work for her either anyway. So basically, if you don't...you lose the work. If you do, it could go either way.

In my book, if there is no contract saying I can't... any person or company I want to write for is fair game.

Last edited by ErinHill226; 12-26-2011 at 09:12 PM.
Reply With Quote
  #3 (permalink)  
Old 12-26-2011, 09:24 PM
jwinter's Avatar
Awesome WAHM
 
Join Date: Dec 2011
Posts: 819
Default

I personally don't find it unethical. I have been debating doing this myself with a similar situation. I was working for a private client that was outsourcing from a much larger client. The main client pays much better and the reason my client stopped outsourcing was for personal and profit reasons. She wanted to pay less to outsource basically.

In any case I think you should go for it.
Reply With Quote
  #4 (permalink)  
Old 12-26-2011, 10:24 PM
Icon's Avatar
WAHM Addict
Thread Starter
 
Join Date: Jun 2005
Location: United States
Posts: 2,617
Default

I did sign a confidentiality agreement that basically forbids me to use any of the work I did as writing samples for potential clients (unless, per my former client, I rewrote the pieces so they wouldn't duplicate). The agreement does have a clause that states:

Removed for personal reasons.


Would this statement constitute a non-complete clause?

Last edited by Icon; 12-26-2011 at 11:24 PM.
Reply With Quote
  #5 (permalink)  
Old 12-26-2011, 11:16 PM
rpriest's Avatar
WAHM Regular
 
Join Date: May 2006
Location: United States
Posts: 124
Default

I would tread very, very cautiously in this situation. Personally, I read that statement as a non-compete clause, but without the rest of the context I cannot be sure. The trouble with contacting the main client directly is, even if you make it clear that you are simply available for times when your previous client may be too busy to get to their projects, they may feel compelled to contact your previous client asking for references, clarification, or the like.

I know where you're coming from and totally sympathize. However, ethics are important and based on the information you provided, I am inclined to say that contacting this person would be unethical. I understand that you do not wish to take the client for yourself but rather fill in the gaps when needed, but the client, and your previous client, may not see things the same way. If you feel you must contact them, I would advise against mentioning your previous client in correspondence and simply submit a general query. I agree that we are all freelancers and most clients are fair game, but with a prior contract with the language you describe, I would hesitate to go after this one. In the very least, I would be extremely careful in my approach. Hope that helps!
Reply With Quote
  #6 (permalink)  
Old 12-26-2011, 11:26 PM
Icon's Avatar
WAHM Addict
Thread Starter
 
Join Date: Jun 2005
Location: United States
Posts: 2,617
Default

Thanks. I've decided not pursue it. I'd rather not start the new year off with drama.
Reply With Quote
  #7 (permalink)  
Old 12-26-2011, 11:37 PM
MoneyMakinMama's Avatar
Awesome WAHM
 
Join Date: Jul 2006
Location:
Posts: 745
Default

Personally, I wouldn't do it simply because I wouldn't want it done to me. If I'm outsourcing work to a writer and our relationship ends, I wouldn't be pleased if that writer then bypassed me to approach my client directly. On top of this, you said that you don't know how well the two clients know each other. Let's assume they know each other well, how do you think the two of them are going to view the situation if you approach? How might this affect your professional reputation in the long run?

I've been in a similar situation before where work was outsourced to me. When I left the middle client, I went back and forth about approaching a couple of their clients directly. I passed on doing so, however, and was pleased that one of the clients actually contacted me directly. At that point, I didn't feel I was stepping on anyone's toes since the client initiated contact and I took the work along with the higher pay.

These are just my personal opinions/experiences and I hope you make the decision that's right for you.
Reply With Quote
  #8 (permalink)  
Old 12-27-2011, 05:30 AM
anng's Avatar
WAHM Addict
 
Join Date: Jun 2008
Location: New England
Posts: 3,645
Default

I have a private client who has me hiring writers to do the work, they leave management up to me because they don't have time for it and they hate the drama that many writers get into. In fact, one writer recently did email them personally and my boss was annoyed by it and bounced the email back to them and told me to take care of it and that he'd support me if I decided to fire the writer completely for trying to go above my head.

There's that risk you run by contacting them directly without knowing the full situation regarding why that company has a go-between...
Reply With Quote
  #9 (permalink)  
Old 12-27-2011, 10:42 AM
Icon's Avatar
WAHM Addict
Thread Starter
 
Join Date: Jun 2005
Location: United States
Posts: 2,617
Default

Thanks everyone, again, for your input. I've decided to market myself to potential clients in the same industry as this client. If she sees my name and decides to hit me up, then it's on her and not me. I would be upfront with her mention that I worked with someone she may or may not be working with, however. That way she can decide for herself if she wants to pursue it further.

I know the world of freelancing has way less boundaries than the traditional working world, but there are still some boundaries you just don't cross, and I wanted to be sure I treaded wisely.
Reply With Quote
  #10 (permalink)  
Old 12-27-2011, 11:16 AM
karmicwindows's Avatar
Awesome WAHM
 
Join Date: Sep 2011
Location: Prospect, PA
Posts: 557
Default

Here's a suggestion; Wait 90 days and then contact the client. This way you have given your former client and potential new client a time buffer.

As far as the clause in your contract, without the surrounding text I couldn't say one way or another whether it was a no-compete clause. The sentence you provided has not shown up in any of the no-compete contracts I've dealt with. However, no-compete clauses are bound by time. Meaning you are bound by that clause during the length of the contract. Occasionally, there are extended time frames implemented to prevent competition for a certain number of years after the contract's expiration. If your contract does not specify a time frame, then the no-compete clause expired when your contract ended. As a rule contract are prohibited from including indefinite no-compete clauses; to allow them would prevent competition in any business.

Allowing 90 days to pass before offering services to the primary client allows for complete closure of the contract and removes any doubt surrounding the ethical aspects. Although legally and ethically, you could pursue the primary without repercussion.

I hope this helps and offers you an alternative to completely losing the income.
Reply With Quote
 
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off