I am working through a consulting company (company A)at a client site. I am an hourly employee through the consulting company. The client has locations north and south in the state where it resides. I have agreed to let my current consulting company represent me at the client (north and south locations) for all new PM opportunities.
Another consulting company (company B) that I have previously worked for has presented a PM opportunity at the clients north location. But my current consulting company has not even mentioned that it is available. (I am working at the south location)
I told company B that I am stuck in a difficult situation, since I am supposed to be represented by my current company for all PM positions.
I have 2 weeks left on my current assignment and company A has not found a new position for me yet. Do I go and let company B sumbit me to the client? It's not right for me to tell my current company A submit me to the position that company B has told me about.
But, I can't wait around for my current company A to find me a position, and if they don't know about the position that Company B is offering then should I be free to be considered for the position?
I have talked to both consulting companies about the situation. Next I will review my contract with company A. I also have a meeting setup with the client's vendor management office to discuss the issue, since they ultimately will see the job requirements/assignments go throught their office.
Interesting situation. I need to continue to work, but want to do the right thing. Any suggestions? salvagno
-------------------------------------------------------------
It is an interesting situation.
If I understand you correctly, you are already doing a great job
handling
the situation.
1) You have spoken with Company A and Company B.
2) You have not had Company B submit you for the position.
3) You will speak with the clients contracts group. (Be careful here,
because they probably do not want to solve issues with Company A or B on
your behalf. In fact they probably cannot. It is fair to ask them
if they see an issue with you switching companies. But if it becomes
difficult or awkward for your client, they will most likely drop you and
move on.)
Your current commitment is to Company A. But with your current
engagement
ending soon, of course you are anxious to land your next assignment. You
do
have a right and a responsibility to
look for other work and not to assume that Company A will line up your
next
contract (unless you have a written agreement that states their
responsibility to do so and also states how long you must
wait for them to find your next gig. This would be pretty rare. Most
companies will not pay to have a contractor sit on the bench for more
than a
few days.)
You do want to understand your contract with Company A and have open and
honest conversation with A. Ask them if they have any opportunities with
this same client. If the do not, ask them
if you can pursue opportunities with this same client EVEN IF it means
switching away from Company A. If they say yes, great!
Depending on where you live, Company A may or may not be able to hold
you to
an agreement where you do not come back to a client through a
competitor.
Even if they legally cannot hold you to this type
of agreement, many companies steer away from these situations because
they
generate lots of noise and ill will.
If Company A says you cannot come back to the client through Company B,
then
you have a decision to make, risk alienating Company A in order to stay
with
the same client. You may or may not get
the contract, then what?
One way or another, things will work out and you will find your next
contract!
Margaret Meloni
-------------------------------------------------------------------------
As I see it, there are 2 issues here:
1.
Ethical
2.
Legal
Ethically, I sounds like you are dead on with your plan. If it was me,
I would formally (via letter and NOT email) advise Company A with the
intent that I was planning to persue other work, unless they got back to
me within 5 business days. This, in my opinion, is a fair amount of
time and notice (50% of the remaining time in your current contract).
Legally, I completely agree with Margrate. I reside in Florida (a right
to work state). However, employers can have language in their contracts
that prevents their contractors to directly or indirectly work for the
client. It's critical that your understanding of the agreement is clear
before the situation progresses. Just my opinion.
Best of Luck.
Michael Medipor
Another consulting company (company B) that I have previously worked for has presented a PM opportunity at the clients north location. But my current consulting company has not even mentioned that it is available. (I am working at the south location)
I told company B that I am stuck in a difficult situation, since I am supposed to be represented by my current company for all PM positions.
I have 2 weeks left on my current assignment and company A has not found a new position for me yet. Do I go and let company B sumbit me to the client? It's not right for me to tell my current company A submit me to the position that company B has told me about.
But, I can't wait around for my current company A to find me a position, and if they don't know about the position that Company B is offering then should I be free to be considered for the position?
I have talked to both consulting companies about the situation. Next I will review my contract with company A. I also have a meeting setup with the client's vendor management office to discuss the issue, since they ultimately will see the job requirements/assignments go throught their office.
Interesting situation. I need to continue to work, but want to do the right thing. Any suggestions? salvagno
-------------------------------------------------------------
It is an interesting situation.
If I understand you correctly, you are already doing a great job
handling
the situation.
1) You have spoken with Company A and Company B.
2) You have not had Company B submit you for the position.
3) You will speak with the clients contracts group. (Be careful here,
because they probably do not want to solve issues with Company A or B on
your behalf. In fact they probably cannot. It is fair to ask them
if they see an issue with you switching companies. But if it becomes
difficult or awkward for your client, they will most likely drop you and
move on.)
Your current commitment is to Company A. But with your current
engagement
ending soon, of course you are anxious to land your next assignment. You
do
have a right and a responsibility to
look for other work and not to assume that Company A will line up your
next
contract (unless you have a written agreement that states their
responsibility to do so and also states how long you must
wait for them to find your next gig. This would be pretty rare. Most
companies will not pay to have a contractor sit on the bench for more
than a
few days.)
You do want to understand your contract with Company A and have open and
honest conversation with A. Ask them if they have any opportunities with
this same client. If the do not, ask them
if you can pursue opportunities with this same client EVEN IF it means
switching away from Company A. If they say yes, great!
Depending on where you live, Company A may or may not be able to hold
you to
an agreement where you do not come back to a client through a
competitor.
Even if they legally cannot hold you to this type
of agreement, many companies steer away from these situations because
they
generate lots of noise and ill will.
If Company A says you cannot come back to the client through Company B,
then
you have a decision to make, risk alienating Company A in order to stay
with
the same client. You may or may not get
the contract, then what?
One way or another, things will work out and you will find your next
contract!
Margaret Meloni
-------------------------------------------------------------------------
As I see it, there are 2 issues here:
1.
Ethical
2.
Legal
Ethically, I sounds like you are dead on with your plan. If it was me,
I would formally (via letter and NOT email) advise Company A with the
intent that I was planning to persue other work, unless they got back to
me within 5 business days. This, in my opinion, is a fair amount of
time and notice (50% of the remaining time in your current contract).
Legally, I completely agree with Margrate. I reside in Florida (a right
to work state). However, employers can have language in their contracts
that prevents their contractors to directly or indirectly work for the
client. It's critical that your understanding of the agreement is clear
before the situation progresses. Just my opinion.
Best of Luck.
Michael Medipor
