Rich2005 - I am new to forensics but I have worked in my area in the legal field for over 15 years. I have also worked as a consultant in both fields. But in the case above I consider my clients to be people that will give me jobs regardless of the firm or position I work at. These people trust me, personally for one reason or another.
I'm pretty new here so apologies if I make any elementary mistakes but, from my experience in other industries (I'm still trying to secure my first role in the forensics arena), it really is not exceptional for some sectors to expect an individual to bring customers with them. In part, this is seen as a testimony to the individual's work that they have clients loyal to them rather than the organisation they work(ed) for. Of course, the candidate could claim the world in interview and pretend innocence if/when it doesn't transpire. Yes, perhaps the main crime committed here was the honesty of the advertisment.
However, from the alternative perspective, a sensible organisation/agency, having secured these clients the candidate has brought with them, will quickly introduce new client managers/relationships so that, if/when the candidate moves on, then there is a good chance that the customer will remain with the organisation rather than the individual leaving.
Only a thought, obviously!
Rich2005 - I am new to forensics but I have worked in my area in the legal field for over 15 years. I have also worked as a consultant in both fields. But in the case above I consider my clients to be people that will give me jobs regardless of the firm or position I work at. These people trust me, personally for one reason or another.
I have seen this in law firms and medical practices, but to debate the hypotheticals is a bit pointless. Typically, the employment or partnernship agreement specifies, up front, the conditions under which the employee/partner may retain existing clients. There are so many different possible arrangements that without more specifics, what are we discussing?
Many law firms work on the number of billable hours for the firm. As long as you meet your quotas, what else you do is your own business. Other firms agree to take on the billing of your clients (as well as office support, etc.) for a piece of the action. This can either mean raising the rate at which the client is billed to compensation for the business support of the employee or the employee giving a piece of the action to the employer.
In any event, it all boils down to the agreement between employer and employee.
In the US, many non-compete clauses are not enforceable however, many other types of arrangements are. I've been in cases where employers have alleged that former employees took customers and successfully won damages as a result of agreements between the employee and employer.
I've also been in cases where the employer has prevailed in breach of contract against the client for going with the employee to the new business.
It really boils down to what contracts exist between employer, employee and client (plus any prevailing state or other laws). A potential employer can require that new employees bring leads/contacts/clients with them as a condition of their employment but whether the potential employee can do this, legally, is a matter of contract.