An ethical question - Should I go after a couple I already helped booked for another company

Would any of you ever try to book a client on your own who you had previously

booked while you were selling for another photography company?

 

I have family telling me I should try to contact a bride (who is a distant

family friend) and try to show her some of my work, etc. The problem is that I

booked her for a "national photography company" that I was selling for this

past summer (It's a long story and would require it's own post).

 

I say if she has my information and wants to contact me, I would be thrilled to

work with her, but I have a problem going after this one in such an "ambulance

chasing" way. I don't think it would be ethical...

 

Any thoughts?

If I'm understanding correctly, she's already booked with this other company? And would

most likely loose any deposit she has paid to them? Would you be willing to refund the

deposit she already paid to them? And would you appreciate anyone chasing after your

clients AFTER you have a signed contract and deposit?

 

I would say if she's already booked, she's already booked. Focus your efforts on attracting

your own clients. IF she has a problem with the company she's booked with, she will look

for another photographer. THEN you could approach her. Otherwise you run the risk of

looking sleazy, chasing after someone else's clients.

If you booked her, and she was expecting you to be her photographer and that's why she booked with this company, you should simply make her aware that you're not working with that company anymore.

I imagine the employment contract you have with your former employer will state clearly what you are allowed to do with clients you met thru their company.

 

Personally, if she were to contact me, I would thank her for her interest and appreciation, and ask her to refer freinds that will be wed in the future, and let her know I wish that contractually things were different for both of us, so I woudl be able to share her day, but I would have to pass. J

Thanks to all of you for your responses. I should clarify a couple things...

 

While I met this particular bride through the company I was working for, her fiancee ended up being the son of a family friend. This is why my family is now telling me I should contact the bride and let her know I'm on my own and would love to work with her.

 

The other thing is that while she has reserved her date with "Company X" (who I was selling for, not shooting for), she has not signed a contract yet. And their company's policy was such that she would be entitled to a full refund up to 30 days before the wedding date.

 

I feel it would be unethical for me to contact her, but my family is pressuring me here and they think I'm being lazy by not contacting her. But from the feedback I'm getting here, it sounds like I'm doing the right thing by letting it go... Yes?

This situation does not have a black and white answer. I would look within myself. If you feel it would be ambulance chasing and unethical, then it would have the potential to bother you if you did contact her from your end. I like to keep my conscience clean.

Isn't that called "unhooking"?

Ethics aside, you might get sued over it.

Methinks you have made an excellent point Mr. Curtis! Don't know why I didn't think of that one myself! Maybe that's just what I need to tell my father so he'll get off my back about this one! I would never want to do anything that could be construed as less than honorable just because...but getting sued over it, well that sheds an entirely new light on it!

 

This is why I love these forums!

 

Thank You! Thank You! Thank You everyone!

Looks unethical to me. BTW, you've just posted what appears to be unethical behavior on your part on a public forum and your post has just become very google-friendly with your name.

No for me. The company you worked for hired you to do a job, not taking business away. Is it possible that if the company you worked for found out and filed a lawsuit against you? I have no idea if you would win or lose, but it sure would be a drag to have to go to court. It's a sticky situation, and I don't think it is fair practice ethically.

 

Another example is if you work for a company and you invent something on company time it usually belongs to the company, not you. An example is the guy that invented the "Post-Its," on company time. You may wish to read up on that.

 

On a positive note there are a ton of people getting married every year. I'm sure you can book that date with another wedding couple.

I would not have posted here if I thought I would be anonymous. I'm under the assumption that anything you do online is "googleable". And if you read my post I've been saying all along that I feel this would be unethical, so how is my posing this question to a panel of other photogs unethical in itself? I've not named names here (other than my own)...so what are you trying to say Mr Schilling?

Just for the record...If you looked at my original post, it DID NOT read "Should I go after a couple I already helpled book...". Can the mediators re-word that? It sounds awful!

Just for the record....I suspected you might have some second thoughts about your post. Excuse me.

Heather -

 

Unless you know something that the bride doesn't (like the company is going under or has gone under) then follow the advice given previously.

 

Dave

The legalities are what they are, depends on your contract and business and employment law where you are. However, it could be seen as interfering with the other business and only a lawyer could tell you where the legal line is crossed and it might be murky. People do "move" when the individual they have a relationship move from company to company. That in itself is not wrong or unusual. But it seems a contract is already in place for the wedding and to tamper with that is probably wrong.

 

There is nothing wrong with letting her know that you are in business for yourself now for other services.

 

Tell your family that you can't and won't tamper with the contract she already has with the other company.

 

BTW, doing "business" with family is often stressfull and problematic so not doing the wedding isn't necessarily a bad thing.

>>> try to book a client on your own who you had previously booked while you were selling for another photography company? <<<

 

So YOU booked the Bride for her wedding to be covered by Company XXX whilst YOU were in the employ of Company XXX, (i.e. Company XXX was paying YOU to work on THEIR BEHALF) and you are now asking if YOU should make approaches to the Bride for her to leave Company XXX and give YOU her custom directly.

 

If this is an accurate representation of the question:

 

The answer is emphatically quite clear cut, NO.

 

The is absolutely no soul searching to be done.

 

Such an action would be totally unethical, and from a business perspective one of the worst business decisions to contemplate.

 

The fact that a third party is making the suggestion you should contact the Bride is of NO relevance whatsoever.

 

WW

If the bride has no contract with Company X, then she's free to change her mind. It

sounds like Company X has a fairly liberal policy on that front--probably because it helps

then sign up more customers, even if they lose some of them later.

 

If word gets around that you have your own business now, and the bride changes her mind

and decides she'd rather work with you, you're probably fine. (Reread your old contract

with Company X, just to be careful, though.)

 

I agree that you probably shouldn't contact the bride yourself. However, if she comes to

you, that's a different story. Tell your family exactly that.

 

As always, be careful about doing business with family and friends (but that's a different

thread . . . )

I have mixed feelings about this issue, partly because I have a lawyer for a wife. On the one hand, I have learned that brides are very fickle and some are very educated on ways of "working' vendors to get the best possible deal. Case-in-point, I had one recent couple who "chose" my studio to shoot their wedding and took up many hours of my time negotiating discounts and deciding on services and logistics, only to use that information to book a better deal with a competitor.

 

Keep in mind that contracts can be binding on a verbal basis, and the term "tortuous interference" is a serious issue. If your former employer really believed that a verbal contract existed, then your poaching of the client might be considered actionable by a small claims court judge.

 

Now that my wife has left the room I will tell you that your former employer may be annoyed with you, but would likely not consider the loss of one client to you worth the trouble of suing you, but I would most definitely decline the business as an ethical concern. Just because you "can" do something, doesn't mean you "should".

You could inform them you are no longer working there and if they come to you that might be different then you goign after them however when working with the other company to might have signed some "non-compete" form in all the paperwork companys make you fill out so you could get into alot of trouble if they find out!

Kelly, if the company doesn't find out, then is it OK?

 

If the company decides it's not worth the effort to go to court and sue, does that make it OK? If you didn't sign a specific "non-compete" clause in a contract with the company, then would that make it OK? If the OP was able to have family/friends instruct the bride that she is "approachable" for the wedding and the bride contacted her, would that make it OK?

 

Seems to me that "all is fair in love and war" but, I don't think that it translates to ethical bussiness practices. JMHO.

I really have pondered this thread and I am seriously stunned.

 

There is so much which could be written, but better to be oblique, non inflammatory, and simply let it all go through to the keeper and just mention:

 

I would be quite confident buying a second hand lens, sight unseen, from David Schilling.

 

Ref:

 

http://www.photo.net/bboard/q-and-a-fetch-msg?msg_id=00O8C4

 

Jan 23, 2008; 08:09 p.m.

 

WW

How is your relationship with Company X ? You might offer them to shoot the wedding for them as a subcontractor. The best business is when ALL parties have advantage.

Thank you William.

 

I think you'd agree: ethics is what you do when someone is watching,...integrity is what you do when no one is watching.

David.

 

You are welcome.

 

Yes.

 

Yes.

 

And sleeping peacefully is what we do after the ALL the credits and debits are reconcilled.