Re:Client wants me to be a cofounder
by mtmail on Wednesday January 14, 2015 @06:44PM
(#8889975)
Getting offers from clients is normal when you're good and have direct client contact. Could be full-time jobs, part time or side-projects. Employers know that.
Your contract probably forbids you to compete with your employer and might even contain a clause that you need to get approval for any side project which might compete. Since you'd work for an active client and thus harm your employer if you take over the contract (less money for them) it's not the best situation to be in from a legal point of view. Additionally the client has signed some kind of contract with your employer. That might have included an anti-poaching clause: the client is not allowed to lure you or make you work on the side. Depends in which jurisdiction you're in.
In my opinion you'd either need approval from your shop (if the client is still in contract with them) or you quit. Other arrangement will back-fire and can be reason for termination (or worse reimbursement, you're acting in bad faith or whatever that is called).
Your contract probably forbids you to compete with your employer and might even contain a clause that you need to get approval for any side project which might compete. Since you'd work for an active client and thus harm your employer if you take over the contract (less money for them) it's not the best situation to be in from a legal point of view. Additionally the client has signed some kind of contract with your employer. That might have included an anti-poaching clause: the client is not allowed to lure you or make you work on the side. Depends in which jurisdiction you're in.
In my opinion you'd either need approval from your shop (if the client is still in contract with them) or you quit. Other arrangement will back-fire and can be reason for termination (or worse reimbursement, you're acting in bad faith or whatever that is called).