Ok, I'm looking for some impartial advice work wise! I am a freelance graphic designer and have been working for a company (company X) on a freelance basis for 3 years, in which time I've helped them build up their business and everything has been hunky dory... until recently. They have grown so big that they've taken on in house designers and I seem to be getting less work from them. So, I started to look around and contacted a few places that sell similar products and one company came back to me (company Y) and gave me a job to do. I did it and they are really pleased and want me to do more and more for them. The snag is, the guy who runs the company has since told me that they are in direct competion with company X. He knows that I have been working for them and doesn't see it as a problem as long as we both keep quiet about it. Now from my point of view, it shouldn't really matter who I do work for as I am, at the end of the day, freelance. But I just know that if they did ever find out they would go nuts. I'm just a designer who wants to pay my mortgage!!! I'm having a bit of a wobble now because I don't want to upset any one, but this could be a really good new client for me so I'd be a fool to turn their work down wouldn't I? As long as I never work on a product that is similar, I'm not doing anything wrong am I?? This is getting really complicated!

gosh!
no you arent doing anything wrong if you do the other work....BUT id maybe go to company A & say,look you are not passing enough work my way so i will be looking for outside jobs also,then its on their heads if you work for the competition & if it all kicks off you can at least say that you informed them! good luck!

Ohh - difficult one!!!

Can you announce to Company A that Company B have offered you work - but that you will not work on anything that would be similar to the work that you do for Company A?   Also, assure them that as a professional, you would never discuss Company A's work with Company B, and vice- versa.

They may not like it, but if you are completely upfront about it, all they can do is give you less and less work - which is what you are saying they are doing already!!

In the past, I've freelanced for 2 (at one time 3) firms of solicitors, who did have cases of conflict, but they accepted that they could not give me anything that pertained to those cases.

Hope it all goes well.

Margot

Thank you for your quick replies... I'm sitting here worrying about it as I hate this kind of thing!
I contacted company A yesterday...(god I hope no one there is a member of this site or i'm in trouble!) and asked them to clarify how they see my future role working, as I would need to find new clients if their work was drying up... I've not had a response from them yet (they must be thinking long and hard about it!). I guess I need to wait and see what their response is. Company B are offering a daily rate at almost double what the old company pay, which is a massive incentive for me. I am a loyal and proffessional person and would never disclose any information ever... they both know this as I've spelt it out to them. But company A don't seem to be being very loyal to me... I've worked long hours and gone way beyond an average freelancer for them over the years and it just feels like a slap in the face from them. I will wait and see what there response is to the email I sent yesterday.

i think company A deserve to lose you,they dont care really do they? go with company B

Ethically you are doing nothing wrong.

If you haven't signed a contract preventing you from taking employment with a direct competitor of your previous company then you are free to work for who ever offers you the best deal.

Your previous company is free to buy their services from who ever they wish, like wise you are free to offer your services to who ever offers you the best deal.

I doubt your previous company considered your position when they contracted other designers, their decision would have been taking on a purely business basis, like wise your decisions involving your self should be taken with your best interests at heart.

As long as you don't use information gained from previous employments to give your new employer an advantage over rivals  then all is fair in business and war.

I would agree: i applaud you for having so much personal integrity and loyalty, but at the end of the day it's really about changing a job within the industry you know. I would go with the new company but yes, be upfront with everybody :)

Lindsay

PS good luck!

If you are freelance or more importantly self employed you have to prove to the IR that you have earnings from more than one source. If a company says they want you to work for them exclusively then then have to then class you as a PAYE employee :)

Lucy
xx

Yup - I've just had to go down that route after evading it for a few years :) Unfortunately we had an Inland Revenue inspection that I had to deal with, so I had to come clean :D

Daisy