Staving Off Competition Through Employee Contracts

PALM SPRINGS, CALIF. - Departing employees who can lure clients away are a constant threat.

Prevention tactics range from legal covenants to simply treating employees better, speakers said at PRSA's Counselors Academy held here last week.

Employees play a key role in growth, especially as the industry becomes more splintered with home-based practitioners becoming commonplace.

Companies should allow flex hours and telecommuting to accommodate the evolving workforce, says Tom Miller, a senior VP with Roper Starch Worldwide of New York. "It's no longer when you work, but what you get done. You can't take a cookie-cutter approach to employees today."

Ideas from other firms include:

  • Patrice Tanaka & Co. Inc., a communications boutique in New York, allows casual dress every day and a meditation room; and

  • Edward Howard & Co., Cleveland, Ohio, offers employees stock ownership to retain its senior employees and mitigate the damage caused when upper-level execs leave.

    In a more hard-nosed tactic, firms use contracts to prevent employees from working with clients for a specified time after leaving a company, says Michael Lasky, a partner at Davis & Gilbert, New York. Lasky says companies are finding "new ways to skin the restrictive covenant cat." He suggests:

  • A departing executive or his new employer can share revenues derived from the former employer's clients with the former employer. A contract should indicate that the exec is required to share profits after he leaves for an agreed-upon time;
  • A covenant can provide incentive to a former employee by guaranteeing continued salary payments during the non-compete or non-solicitation period; and
  • An employer may provide post-termination benefits in return for an agreement not to solicit or service former clients.

    Also heard at the show...

  • Sometimes PR businesses don't grow because they stay tethered to the tried and true, according to James J. Roop, president of The James J. Roop Co., Cleveland. When running a business, watch for these pitfalls:

      - Institutionalizing perks: for example, paying for membership to a professional society for an employee who isn't active;

      - Institutionalizing office practices: for example, sticking with the same office supplier and not researching something better; and

      - Beware of the movement of what should be variable costs into fixed.

  • A luncheon keynote address with Regan Kenyon, president of the Secondary School Admissions Test Board, Princeton, N.J. was a miserable flop. Also, some of the conference's discussions bordered on the superficial and planners had to compete with pristine surroundings and a PGA-rated golf course at the exclusive La Quinta Resort.
  • 58 percent of Amerians expect most pros will work some from their homes, says Tom Miller, a VP with Roper Starch Worldwide of New York. The market research firm polls about 16,000 Americans annually.