I'm Going But In Company!

To prevent you from doing it
Companies have various formulas to prevent employees from leaving to compete in the same sector. "Of course, it is recommended that the mechanisms be taken before your departure," explains Jorge Capel, from the lawsuit department of the Cuatrecasas law firm. They are as follows:

Non-competition clauses. “You have to make it clear from the outset what the employee can and cannot do,” explains Joan Fontrodona, professor of Business Ethics at IESE. There are precautions, such as the inclusion of the non-compete clause in contracts, which can be applied to any worker.

“It means that during the employment relationship you cannot compete. It is a question of loyalty, but afterwards the employee is free to be employed wherever he wants, unless he has this clause. When you sign it, you are agreeing not to work in the same sector of your company for a certain time ”, explains Francisco Conde. In return, the clause must be accompanied by financial compensation. "This is the most tricky thing to define, since the law says nothing about it, except that 'it must be adequate," points out Francisco Conde. Some companies pay 100% of the salary; others far below.

Penalty clause. What happens if you have this clause in your contract and you breach it? “They can demand compliance from you. They would put you in an ordinary lawsuit before the social jurisdiction, asking you to stop the new activity, demanding damages and the return of the amounts paid as financial compensation for non-competition ”, clarifies Capel.

Companies can add another criminal clause to the non-competition clause, specifying to the worker what he would have to pay for breach of contract.

Beware of one-person relationships. There are other measures that are not included in the contracts, but that also make it difficult for the employee to go with the client in the suitcase. For example, “avoiding single-person relationships. If you put two people in charge of an account, it will be more difficult for the client to leave with one of them, ”says the IESE professor. It is not an easy task in sectors such as consulting or private banking ...

For example, the regulation that gave the green light to the creation of financial advisory companies made it easier for employees of private banks and wealth managers to leave their firms and set it up on their own.

Rotating directors
This is another common mechanism, especially in banking. "This prevents the establishment of highly trustworthy relationships with customers," explains Montañés. "And another possibility is that the CEO of the company visits customers and reserves some of the most important ones," he continues. No less frequent is to appoint the best collaborators as partners of the firm to avoid their possible departure.

The possibilities are multiple, but the question is: who exactly has the customer? "In the business world it is said that whoever owns the customer has the power, but who really has it: the salesperson or the company's CEO?" Montañés wonders. “If the manager does not have sensitivity towards the management of power, that is, of the client, he will go with the salesperson. That is why I advise my students that if they become directors, the client is theirs ”, explains the IE professor.

Is it ethical? It depends…
But is it ethical to take clients away from the company you've been working for until recently? This expert considers that the client belongs to the companies and that, in general, it is not right to steal them, although "you have to analyze them on a case-by-case basis," he clarifies.

“When I work for someone, I must bear in mind that the relationships I establish come from the contractual relationship, and I must respect it. Just as I did not take the computer, the client does not belong to me, although it is true that in professional services it is difficult to establish what belongs to the employee and what to the company ”, adds Joan Fontrodona. "Of course it is legal to take the client, nobody owns any," they say in Hudson. For Cuatrecasas, "customers can freely choose their operator in the market."

Problems with the old company
Can you have problems even if you do not breach any contract? Well, it all depends on how you exercise that competence. "Starting your own business offering services similar to those of your previous company is a matter of free competition and, if you do it loyally, it is good for the market," says Francisco Conde. "Although if it is in bad faith, you can have legal problems," he continues. What does it mean to do it 'in bad faith'? Conde explains: “It could be considered unfair competition if the employee takes professional secrets of the company. Or if he leaves dragging a team with him, causing everyone to leave at the same time and leaving the company in a situation of difficult continuity ”. It is also considered bad faith, as it is extracted from some sentences, not to take three or four clients, but the entire database.

The truth is that unfair competition is not well defined by law. It is analyzed on a case-by-case basis. This means that, in this matter, almost all trials end in agreement, since none of those involved (company and former employee) are interested in perpetuating the conflict.

What if they come with me?
In short, you will be able to snatch customers from your old company, but even if you do it with elegance, respecting limits and loyally, it is not certain that you will not have to face conflictive situations. Isabel Aires, who has recently founded the communication agency specialized in gastronomy, Aires Comunicación, did not have it easy with her old company either. "I did not want to bring clients, but some came with me later," says this entrepreneur. In addition, he affirms that the relationship with his former bosses was worse, since his company has managed to take over a good part of the segment in a short time.

Few companies see with good eyes that an employee leaves determined to compete with them and even less that he takes part of the clientele. According to a former Arthur Andersen collaborator, the company used to hold the ex-employee party every year. "That shows intelligence, you have to keep your friends close, but also your enemies," Montañés concludes. Mikel Echavarren acknowledges that he continues to receive invitations to the party: "I don't understand why, I want to believe that it is because they have not yet corrected their database," he says with humor.

Fountain:

http://www.emprendedores.es/