Old Client 3

[dik]

I've been approached by an earlier client that I'd done work for while hired by a previous employer. The earlier client was originally a client of the previous employer. What duty do I owe the previous employer regarding this earlier client.

My thoughts were to eMail the earlier client advising them that I'm no longer affiliated with the previous employer and that they could contact the previous employer regarding new projects and that should they require my services that I would be pleased to discuss fees with them. I would forward a CC of this eMail to my previous employer... I think I'll also vet this through the professional association... for any comments.

Any thoughts?

Dik

 

[MedicineEng]

I would inform them that I don't longer work with that employer but would be glad to help in new projects if they want. I would not send this email to my previous employer. If they want to work to your previous employer they will search for him. If, by the other way they want is to work with you then they will continue to speak with you.

 

[IRstuff]

While you certainly don't owe your old employer any notice, you might need to consider perception of the situation. Has it been sufficiently long enough that you cannot be accused of poaching? Has this client been doing business with your old employer in the meantime?

Clearly, a documented communication between you and this client showing your due diligence in identifying your present lack of affiliation with the previous employer and directing the client thereto is in order, to protect yourself from any accusation of poaching.

TTFN

 

[SomptingGuy]

I'm curious as to how this previous client contacted you. Given that it clearly wasn't through professional channels it must have been through personal channels. So how did they not not know you've moved?

But to answer your question: If your work alone is good enough to attract former clients, I see no problem so long as they are looking for you (i.e. you're not poaching). This is why companies hire "names".

 

[dik]

I'm not concerned if I retain the client; I don't like to turn work away... and would be pleased to offer services. It has been a matter of about a month since I left the firm, but my last involvement with this client was approximately six months past. The client had been a client of my previous employer for several years, but, for the last year or so, I've been looking after his work. I haven't replied to the request, yet, but will do so today.

MedicineEng and IRStuff: I was thinking that by informing my previous employer that I would be mitigating the 'poaching' perception. I can offer the same services in a timely fashion.

SomptingGuy: I was contacted by eMail. My programmer buddy has a registered domain and I've been using the same eMail address for 20 years even though I've had half a dozen eMail providers... One of the 'flies in the ointment' is that although many engineering firms have dedicated eMail for employees, I've usually used my own. It' generally faster and doesn't have the same restrictions on file size, etc. Contact was through personal channels, but, using my eMail address that I used with the previous firm.

I think what I will do is contact the client by phone and advise them that I'm no longer with the previous employer and that he should continue to use the previous employer if he wants to, but, that I would be pleased to discuss future projects with him. The projects, in past, are small (fees about $1000), but there may be a dozen of them a year. They are fairly complex (3 pin archrib type of structures with wild 'n whacky loading conditions, that I have created methods for solving quickly (about 3 hours work including a drawing).

Dik

 

[IRstuff]

Contacting your previous employer doesn't really do much, since it's your actions or inactions with the client that counts in court.

TTFN

 

[JStephen]

I'd just tell him I was no longer with that company, but could still do the work or he can contact the original company if he'd rather.

If you were consulting before and are still in a position to consult, then it may be you and not the company he's interested in.

 

[dik]

This was part of the eMail that I sent to both the OldClient and the OldFirm:

<beginning of eMail>
I've been contacted by "OldClient" regarding a "NewProject". I informed him that I was no longer with "OldFirm" and suggested that he contact you for this project.

In response to a question about an earlier project that didn't 'go ahead', "OldClient" said that this is a new project and is not one that he and I had discussed earlier.

In response to a query about providing a quotation for the work, I informed him that I had several issues to consider and that I would be in contact with him.
<end of eMail>


In addition I'll be in contact with the professional association to for any suggestions. My concern is largely ethical tempered with a bit of litigation...

Dik

 

[jmw]

I wouldn't have thought there was any obligation to inform the old firm. All that does is give them a chance to queer the pitch.

The client contacted you. Pehraps they did not know you'd moved but you respond to tell them that.
If they wanted to contact you as the representative of the company then they'll respond to your email by contacting the company thorugh other channels.

If it is you the person they want to contact, they did that and obviously did so with deliberate intent. Your response saying you've changed jobs means they have the option to appologise and revert to the old company or come straight out and say they'd prefer to deal with you at your new company.

Incidentally, how did they contact you by email? In all the companies I have worked for I had an email addres of jmw@XYZ company and when I moved all emails to that address would be redirected within XYZ company. In my new company I am assigned a JMW@newcompany.com.

It would be unusual to conduct client correspondance via a private email service.


JMW

http://www.ViscoAnalyser.com

 

[SomptingGuy]

It would be unusual to conduct client correspondance via a private email service.

My immediate thought too. Not many of my work colleagues know my personal email address.

 

[dik]

I use an eMail address that I've used for nearly 20 years. Many firms have limitations on the size of files, etc. Because my eMail is tied to a programmer buddy's domain, I have no problems and over time, I've had several internet providers, but the same eMail address.

Dik

 

[ozmosis]

I'm surprised you contacted your old firm. This client contacted you, you advised them you no longer worked for them but would be happy to assist if necessary. Nothing wrong with that. If your old firm found out and started making things difficult, you only have to provide the evidence that you did advise the client that you no longer worked for them. As long as you provided a reasonable contact for your old firm (if they have been using your dedicated email address) to the client, you've carried out all that's necessary.

 

[jmw]

Hmmm. I'm not sure about the use of a private email address and this could be a can of worms.

There are ways around the size limitations, not least to raise the issue with the company and let them (the IT department) solve it. Optionally you could conduct all normal email correspondnce using the company email address and then and only then direct people to use ypour private address only when necessary to transfer large files.
There are other ways to do this such as asking them to put it in CD and post it to you, p0ut it on a website and let you download it (this is something we did at my last company). I'm sure there are some other ways round it.

But, just what is the position of companies regarding using non-company email addresses for company emails?
Do they not own the information transmitted via email?
Did you ensure that copies of all correspondnace are filed with the company? Are they aware of your use of alternative email?
I'd have to say that I'd be more concerned about the companies response when they learn of this than that a client has contacted you via this email address. They may suspect that you had other motives than you claim.
They may seek a right to access all your email records...
Maybe I'm over-reacting but this seems to me to that it could be a major concern.

You may have done this for a genuine reasons but you didn't restrict it to use as a means to transfer large files but to conduct all correspondance.

In another thread it was discussed if you could copy your contact sinformation when you leave a company but I think this is a far more worrying situation. If it was my company and I didn't have access to all the correspondance about my company I would be very concerned indeed.

JMW

http://www.ViscoAnalyser.com

 

[dik]

My previous employer knew that I used my personal eMail address and has even sent me email messages to this address. A lot of my work was done at home; my wife's illness precluded my spending additional time at the office.

Dik

 

[dik]

Should have answered all the questions...

I noted in an earlier posting that this was a bit of a 'fly in the ointment'... and, yes, it was possible to transfer larger files using other means... but, not as convenient. The use of a personal eMail account was not considered as being an issue...

...and, yes, copies of all company related eMail were left on the company desktop I was using... as well as copies of all company related eMail received at home were put on a CD. This included all company related photographs, drawings etc. I burned a DVD and a backup DVD of the old company related work from my laptop and home desktop and purged the information from both computers. The EIT I left the stuff with (Owner was not available) was advised that these were the only copies. This was not done out of anger or spite, but as a professional courtesy to remove any company related material from my possession.

Dik

 

[jmw]

Dik,
fair enough and one therefore accepts that in your case all was fair and above board, though I'd stand by my concerns where this were not the case.
It would seem that your previous employer was fair to work for and in which case I'd say your original concerns about the old client have been dealt with fairly by you and while notifying your previous employer may not have been strictly necessary in the circumstances it would be considered as mutually respectful of their having been fair to you when you worked for them.

On the other hand, your previous employer really should have thought it through and done it a different way and ought to consider its policy for home working.

I also did and do a lot of work from home and the IT department arranged dial-up/broadband connections and enabled me to log in to the company server from home.
They picked up the bills and they had all the correspondance records in house. I always used their company email address for business. I used Hotmail for private email.

JMW

http://www.ViscoAnalyser.com

 

[IRstuff]

Most companies can set up a secure FTP site for large file transfers. We do that with several subs, because the CAD files are so bit and numerous.

TTFN

 

[dik]

IRstuff... the firm, was relatively small and did not have an IT department... I could have set up an FTP site. My first task would have been to modify the Novell network to accommodate long file names; I had neither the time nor inclination. One of the biggest problems I had with the nework setup was the 8+3 filename used by the Network.

I've always used my eMail address... never realizing there could be a spin-off, and will likely continue to do this... it's just too difficult to accommodate another eMail from home...

Dik

 

[jmw]

.... it's just too difficult to accommodate another eMail from ...

dik, that's a "dog eat my homework" kind of answer.

Nothing could be easier in outlook or outlook exxpress or Mozilla etc. simply because many many people have multiple email accounts.

All you need is the incoming mailserver, mail account name and password for each additional email. The outgoing server is the same for all.
Then you can use the rules wizard to sort the incoming mail into different folders e.g. personal and business.

Now I understand that you will continue to maintain your personal email account, but are you suggesting that you will also continue to use it for business email at your new company? Sorry if I've misunderstood.

JMW

http://www.ViscoAnalyser.com

 

[dik]

I heard from the local association and they didn't have any problems with what I'd one... with the qualification that they were treating it as engineering... not legal...

The only thing that they ventured was as Sed2... they wondered why I had bothered to contact my previous employer on it... after I explained that I didn't want the appearance of doing anything wrong, they understood.

Dik