alt Hacker NewsA 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.
Replies
I'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.
wow, I've learned so much from your post, owe you big time!
> 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.