I'll Never Do THAT Again!
Friday, July 16, 2010
I subcontracted a part
of an assignment to an individual market researcher to conduct personal
interviews with C-Level executives. The
project consisted of five phases to be conducted over a four month period. The first two phases included conducting
interviews and the researcher was contracted to work on one phase with the
potential for additional work on another phase, depending on the client’s
The researcher signed my formal subcontract agreement which
included provisions stating that all of the subcontractor’s work products belonged
to my company; the subcontractor would not publish any notice, press release,
etc, claiming the client’s name as his own client; the subcontractor would not seek
direct employment with the client or compete with my company for a period of
one year on similar projects.
The researcher did in fact contact the client without my
knowledge and proposed to the client that he would do the same work for a later
research phase of the project for less money.
The client hired the researcher directly and my company was not asked to
continue other phases of the project.
Which of the following would you choose to do? Please tell us how you would handle this
situation in the comment section below.
Bring a lawsuit
against the subcontractor since he breached the contract.
Contact the client and explain the contractual
agreement I had with the subcontractor prohibited him from seeking work on his
own related to the current project.
Do nothing since the client went along with hiring the
Other? Write in your action____________