{ "media_type": "text", "post_content": "Hey all! I was told I might get help here! I got an offer at a mid pharma for a strategy role that I’m intending to take. Partner is threatening to sue because the job offer is from a direct client that I work with. I’ve received legal counsel and have no apparent liabilities in any of my or my clients contracts (non-compete, non-solicitation, etc.). Unfortunately, that doesn’t prevent me from getting sued because I still have to defend it. Has anyone else ever been in a similar situation?", "post_id": "5fe74a15196ccd0024e128d1", "reply_count": 36, "vote_count": 5, "bowl_id": "5e6fe1c31f5e51001d267e46", "bowl_name": "Coronavirus Work-life" }

Hey all! I was told I might get help here! I got an offer at a mid pharma for a strategy role that I’m intending to take. Partner is threatening to sue because the job offer is from a direct client that I work with. I’ve received legal counsel and have no apparent liabilities in any of my or my clients contracts (non-compete, non-solicitation, etc.). Unfortunately, that doesn’t prevent me from getting sued because I still have to defend it. Has anyone else ever been in a similar situation?

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In most firms, partners don't have the legal authority to sue anyone.

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Contracts generally have non solicitation clause where client is liable if they hire you within a year of direct client involvement. Can’t go after the employee - but do have some recourse with client. Depending on circumstances this can be pursued, waived or negotiated with the client.

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Thanks. We checked this and found no liability against the client.

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If you’re just an SC then you didn’t sign a non compete (I’m a fellow sc, we sign at manager level). You could counter sue and make 💰 and also I’m shocked this ppd is doing this since you will be his client lol.

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Agree with this but would soften “threaten” to pursue legal action

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You'll be fine - ive seen people go to clients all the time. Ifyou didnt sign anything barring you from going go for it. Suing would take too much effort on their part - definitely ablind threat. Go for it. They were probably having a bad day or has clearly lost their marbles - what was their ideal outcome? "Oh no okay I'll stayhere working under someone who was going to sue me la de da"?

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Since you have not signed any contract or no compete go for it. Manager is bluffing and can't do a thing. Is this manager owner of your company? What kind of authority this manager has?

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This partner could be putting the firm at risk by putting the firm in legal jeopardy.

This is a case where “being sued” feels terrible but isn’t that bad even if it happens. He’s probably bluffing but in almost all cases lawyers negotiate a way out (garden leave, scope of work, etc) but I’ve never heard of that happening in a client situation. People leave for competitors all the time and it’s usually not an issue. This wouldn’t make it in court. Focus on what’s best for you. Don’t download copies or forward anything from work, write a polite and professional letter, and peace out.

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This is something you definitely need to run by an employment lawyer, with that caveat: A partner cannot unilaterally make the decision to sue employees on behalf of the partnership. If brought up, my guess is their legal council will tell them how stupid the chances are. It’s possible that a master services agreement is in place with this client which disallows them from hiring those working engagements . I’ve only seen 3 of these conversations happen, and each time the partnership didn’t decide to contest it to preserves the relationship with the client

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OP, I’m not sure what kind of lawyer you spoke with, but if you haven’t done so already, you may want to consult with a specialist—such as a labor or employment lawyer.

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Good idea and definitely will

Yo this can’t be real

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Very much so unfortunately

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Wow your partner’s a dick

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More likely the partner was just blowing off steam and threatening to sue the client - many firms have non-poaching of staff clauses but very rarely used in my experience. Try and leave on good terms. Most firms these days realise its better to have another supporter inside the client's camp, but will still be a bit upset they lose another good member of their team.

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Definitely bluffing. I know Managers and Senior Managers who recently was hired by our current client. You haven’t broken any law. And what are the basis for his claims? Its against the AICPA/PCAOB/ SEC rules or what? Because that would be a miss application of those client engagement rules and it doesn’t prohibit you from going to a client nor does it allow anyone to sue you if you did. Maybe im missing something

Why did you reveal where you are going to a partner. Most PPMDs are happy if their employees leave to a client. It means more business

Good faith. Maybe my mistake.

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I cannot think of a single cause of action to sue on if you didn't sign a contract. Tell him to take a hike.

I’ve signed an employee agreement, but I’ve had it reviewed with legal counsel and there’s no apparent risk in the non compete, solicitation and interference clauses.

All my MBB consultant friends exited to clients. I’m sure you’ll be fine, your partner is just a jerk. Maybe try to leave on good terms and offer to stay an extra month or take an extra month of garden leave.

Oh... just googled it

Take the job. The partner is just bluffing. Submit your resignation, say that you consulted an attorney and found no breach of contract and wish them farewell. Make sure HR is copied on to every email. Their job is to protect the company and the partner threatening legal action is a threat to the company.

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