Post # 1
I was found by a tutoring company in early April who set me up with a temporary student to home school. Usually the tutoring company would pay me $30 an hour and charge the client $50-$55 an hour, but since this was a 5-day a week client I am receiving $18 an hour (and I am not sure how much she is charging.)
Our temporary arrangement ends next Friday, and I have been working with this student since mid-April. Today, the father approaches me and asks how much I am making through the company. I told him. He said that he is considering not moving and would like me to continue tutoring his daughter if they end up staying. He said, however, that it is expensive for him to pay the company and he would rather pay me himself. He said he would match what I’m already being paid, so long as I am interested.
But I’m feeling very awkward and nervous. I don’t want to screw over the tutoring company and damage my chances of future clients. At the same time, however, I absolutely love this student and her family and would be honored to continue teaching her.
Would it be rude of me to accept this (potential) proposal, or should I have said that we need to continue through the company?
Post # 3
@Meglin: did you sign any contract with this company regarding situations like this? i wouldn’t be surprised if businesses do address this in some form with their employees and/or clients. it protects the business.
if there is a condition like this, is there a grace period to which their client needs to adhere to before sourcing freelance tutors from that company?
the last thing you want to do is to burn any bridges or lose your job.
Post # 4
My pregnant friend had grand plans of leaving her current daycare to become a nanny for one of the families that attends (had a contract with them and everything already set up), the school found out and not only fired her but sent her a legal warning saying that if she took the family she would be responsible for payment since she signed a non-compete. She can’t work for any families of the center until a year after she’s left.
Post # 5
- Wedding: November 2013 - Honey Lake Plantation
As @mypinkshoes you may have a non-compete clause in your contract with the tutoring company that would prohibit you from taking an existing client “away” from the company.
I get that times are tough and he’s looking to save a buck, but I also would worry that he might try to later reduce your fee further by cutting the hours you spend tutoring or renegotiating down the line, which would put in in a further awkward position (if anything, it was rude of the father to ask how much the company was paying you in the first place).
Post # 6
I have not signed any contracts with the company; I’ve met the company owner only one time in person to go over payment and such, but there was never any mention of this verbally or by contract. She is a very nice woman and we keep in touch through email (she checks in to see how things are going), but I never signed a contract.
The only thing she told me that is even somewhat related is that I am allowed to work for other tutoring companies or have my own private clients. I am not bound to this company at all.
Burning bridges though is something I fear. :/
Post # 7
Actually, my FI’s old personal trainer from his gym got in trouble for this very same thing. He tried to leave the trainer service and his clients wanted to stay and train with him after he left, and the trainer service threatened to sue. I agree with everyone above who says to scour that contract–it’s very likely that some provision in there restricts/prevents you from doing this.
Post # 8
not rude but not ethical. the father probably also signed something with the company. i work with a temp agency and i signed an agreement with the agency. if we like an employee, we have to go through the agency and work out a deal (meaning compensate the agency for their efforts in finding and screening the candidate). i would never think about going behind the agency’s back.
Post # 9
I’m not terribly impressed with this fellow. He was inconsiderate to ask you to go around your employer. And I find it a little lame that he’s only going to match your current salary if he’ll suddenly be saving that much, particularly since he’s put you in an awkward position. He might have looked better if he’d offered you your usual 30 instead of 18, especially since that would still save him 20-25$. He has placed all the risk on you, and for no further compensation than your current.
If I were in your shoes, I’d bring it up to my employer even though you have no contract. If she’s fine with it then you’re grand, but if she questions it or seems upset you can turn him down without burning the bridge with her.
Post # 10
if you signed no contract, have no non-compete clause and are allowed to work for yourself or independently i see no problem with it.
My office hired a temp in January, after 10 we found out the person she was filling in for wasn’t coming, they hired her and she no longer works for the temp agency.
Post # 11
It’s not rude, but he should have offered you more than you are making through the company. He just wants a great deal for himself.
Post # 12
I don’t think it is rude of you, but I think it is rude of the father to ask you to possibly burn bridges without offering you a higher rate. I wouldn’t do it.
Post # 13
@Meglin: I would definitely wait at least two weeks after they dropped your employer’s service.
Post # 14
@Meglin: do it! You have to worry about yourself.. they dont have to know
Edited : i didnt see he was offering you the same amount ! I would only do it for more money..
Post # 15
As long as you’re not breaking a contract, I’d go for it. You said you didn’t sign a contract so you’re not under any non-compete clauses and you can do as you wish and work independantly of your company.
Post # 16
@Meglin: Even if you don’t have a non-compete clause in your employment contract (if you have one), you have a principal-agent relationship with the tutoring company and would be violating your duty of loyalty to the principal. You don’t need an employment contract for that to take hold. Provided that (1) you are an at-will employee (which I thinkyou are, from what you’ve told us) and (2) you quit your position with the tutoring company, you would be free to continue tutoring the student.
It would be highly unethical of you to continue tutoring the student under a private arrangement while keeping your job with the tutoring company.
Personally, I don’t think it’s rude of him to offer you the same amount that you would be making. I do think it’s stupid of him to think that you would jeopardize your employment with the tutoring company for what you’d already be making with a future potential client. The point of working for a tutoring company instead of working freelance is so that the company recruits the clients for you so that you don’t have to. They’ll probably have another student lined up for you eventually.
I also don’t think it’s rude of you to consider the job proposal. But if you do take him up on his offer, it would be smart of you to (1) renegotiate a higher rate (somewhere between what he was paying and what you were making, so that it’s a win-win) and (2) quit your job with the tutoring company. If you don’t want to do any of those things, then you might as well stay with the tutoring company and suggest that he do the same.
(This is just information, not legal advice).