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Ex Employer trying to damage my reputation
Comments
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Mistral001 wrote: »I see your thinking. Better to not use the courts to settle this one. Worst case senario is possibly as follows. OP sues ex-employer for slander. Ex-employer sues OP for breach of contract. New employer does not like all these goings on and sacks OP claiming that exact details of non-competitor clause was not mentioned at interview. Ex-employer and OP win their respective cases and sums of money pass both ways cancelling out each other. New employer is taken to an employment tribunial by OP for wrongful dismissal and loses. No winners really.
Pretty much - except it would be negligent misstatement unless the OP has the odd £10k hanging around for a deposit on a slander case! And in case anyone is going to ask - oh yes, I have seen one of these. Almost the same circumstances. I know it seems odd for a lawyer to say it - but there is a reason why I tell people to use the law as a last resort. When lawyers become involved we are the only ones that win!0 -
Has the OP tried to poach any clients from the previous employer?0
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Has the OP tried to poach any clients from the previous employer?
And this matters how? The point is that when people start flinging legal allegations around, facts take a nose dive. If these two get embroiled in an even more public (this is a small town) legal fight to the death, a lot of people are going to get out of Dodge and leave them to it - possibly including the OP's new employer. It's just like witnesses - support disappears like the mist when called upon to actually do something. That will be far more damaging - to them both. If the OP can find a way of dealing with this quietly and off the radar, so much the better.0 -
Has the OP tried to poach any clients from the previous employer?
If you had read my earlier posts you would have seen that I have already stated that I have not directly poached any of his clients. If any of his clients were unhappy with his service and approached me then I am not going to turn them away......am I?My home is usually the House Buying, Renting and Selling Forum where I can be found trying to (sometimes unsucessfully) prove that not all Estate Agents are crooks. With 20 years experience of Sales/Lettings and having bought and sold many of my own properties I've usually got something to say
Ignore......check!0 -
MissMotivation wrote: »If you had read my earlier posts you would have seen that I have already stated that I have not directly poached any of his clients. If any of his clients were unhappy with his service and approached me then I am not going to turn them away......am I?
Hmm... OK, now that we know the answer anyway...
I suggest resolving this without recourse to the law.0 -
What does termination of contract actually refer to? does it mean sacked or by joint agreement?It's better to regret something I did do than to regret something that I didn’t. :EasterBun0
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MissMotivation wrote: »Yes......it stated that I was unable to work for a competitor or set up my own company within a 5 mile radius for a period of 6 months after termination of employment. I've not got the contract with me but thats roughly the wording in there.....I thought that this clause was unenforceable? I spoke to ACAS about this and they said that it's an unenforceable term?
Many years ago I studied law and this was, I was given to understand, a standard contract term and IS enforceable.
It's to stop YOU poaching clients from your former employers. Doesn't matter who approached who...you have set up in competition with your former boss.Don't put it DOWN; put it AWAY"I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
Janice 1964-2016
Thank you Honey Bear0 -
Many years ago I studied law and this was, I was given to understand, a standard contract term and IS enforceable.
As others have explained these clauses can be enforceable providing they are reasonable and proportionate.
Is this one?
I don't think anybody reading a thread such as this could give a definitive answer but, in this case an educated guess says it would probably stand up.0 -
MissMotivation wrote: »If you had read my earlier posts you would have seen that I have already stated that I have not directly poached any of his clients. If any of his clients were unhappy with his service and approached me then I am not going to turn them away......am I?
Are these clients people that you would have known if you had not worked for the previous employer?0
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