We have a provider we've been working with for 2+ years, recently someone from the CxO team suggested that we should hire someone from that specific provider, thus avoiding the need to hire a candidate that would go through a deep learning curve. The problem is that we have a contract with that provider that prevents us to hire someone from their team, the penalties are high if we think of doing so. The Chief Legal Officer told the CxO team we could circumvent this contract clause. I'm against this behaviour and actions, I understand perfectly the benefits of not having to hire someone new and avoiding the learning curve. But doing this kind of stuff feels bad in all senses. What would you do to let the CxO team not to go this way?

1.9k views5 Comments
Sort By:
Oldest
CIO in Energy and Utilities4 months ago
I see it as a breach of ethics. I would use that argument to start with, and then move to it could sour the relationship with the vendor. Ultimately, it could end up costing the company more money and time to replace that vendor and services than it costs to train the new employee on the current software or solution the vendor is providing. 
1
Director of Design in Real Estate4 months ago
Couple of thoughts, since I've been in similar situations:
1. Any Vendor cannot afford to lose their contractors in an easy way - that'll contradict with their interests. So I can understand why there are clauses in the contact to make such move very difficult, also it's a common practice today with vast majority of the Vendors.
2. Practically speaking, if the position you're hiring requires a steep rump-up, it most likely not for the junior or intermediate level. So, It's a natural situation when you try to replace a senior team member that worked for a longer time in the organization, be that a full-time or contactor employee. So sometimes, especially when you satisfied with the level of performance and the Vendor is not getting too greedy, it does make sense financially to keep the contractor and try to rump-up an internal resource to the level of that contractor, rather to try an train a brand new person that most likely will cost not less than the current one. 

Therefore, not sure if there is an ethics breach in keeping the experienced contractor with a good enough performance, if you can afford it.

At the end, the business is looking for the bottom line: overall cost and a quality (which can be translated to cost as well) of the service. 

Theses are my two cents :)
1
4 months ago
Avoid stealing people.  Not good for business, nor the individual. However, if there are other reasons to consider, consider them in light of the full picture, not only for today, yet tomorrow.  It's not a good idea.
2
lock icon

Please join or sign in to view more content.

By joining the Peer Community, you'll get:

  • Peer Discussions and Polls
  • One-Minute Insights
  • Connect with like-minded individuals
Chief Information Technology Officer in IT Services4 months ago
well i wold tell him that maintaining ethical standards is crucial for long-term success and reputation so i vwould let it go
1
CISO/CPO & Adjunct Law Professor in Finance (non-banking)3 months ago
I am a lawyer, but this isn't legal advice. 

How important are contracts to the firm? I suspect they are mission critical and that you have zero tolerance for providers circumventing any agreements you have with them. 

Noncompliance with a contract is always an option. There are two important questions that follow that line of reasoning though. First, how will your noncompliance impact your firm and second is the impact of noncompliance worth the benefit of not complying.

It is difficult to predict long term impacts such as reputational harm. Would Executive management be comfortable with “company X doesn’t honor contracts” or a lawsuit if the provider feels very strongly about the move. One summary of the complaint could be - Company X circumvented the contract to poach talent.

Lawyers illustrate possibilities but whether you can do something is worlds apart from whether you should.

Content you might like

IT Manager in Construction5 days ago
Hello,
I had a look and it seems available for free can be easily find European and global market but there are a bunch of company with commercial reports for UK. I will search more.
2k views1 Comment

Yes, and it is always followed22%

Yes, but it is rarely followed54%

Some departments do, but not across the business14%

No9%

View Results
1.8k views2 Upvotes
Head of Enterprise Architecture MERCK Group in Healthcare and Biotecha year ago
Strategy & Architecture
Read More Comments
39k views5 Upvotes34 Comments

Human Factors (fears, mental health, physical spacing)85%

Technical / IT Factors (on-premise tools, pivoting back away from remote)14%

3.7k views3 Upvotes2 Comments