My company is going to outsource some of our work to another company that does the same type of work. We are doing this simply because we are too busy to handle the extra work and know that the work is likely a seasonal thing. The other company is owned by a long time friend. While we trust them, is their some sort of an agreement he could sign stating that he would not make a list of our clients and then contact them later on and attempt to steal them from us? If so, what is this called. We dont need a Non-compete agreement since we do not want to restrict this company from operating...just taking our clients.
      Answer1:I have worked for many years in the mortgage industry. The loan officers would jump from company to company. Some did this to get the huge signing bonuses that companies were offering a few years ago. Some did it because they could not produce enough loans to meet the companies requirement for production. Every company that I worked for had a clause in the employee contract to prevent the "stealing" of clients. But every time the loan officers left one company they had huge lists of clients to solicit at their new company; despite the preventative clause in their contracts.In the end, I have not seen one case fought by the mortgage companies. It is a very hard thing to prove. You would need proof that would be almost impossible to get. Your best bet might be to do something more creative...Like making it part of your contract with this company that if they ever do business with any of your clients (which would now be mutual clients) then your company would get a certain percentage of the profit (maybe 50%). Then they do all the work for 1/2 the money, which makes your clients less of a target. The contract may also state that your company could receive a list of clients from the contracted company to look for mutual clients once a quarter (or whatever would work for your company).I hope this helps a bit.