Ex Employer trying to damage my reputation

Cheeky_Monkey

Sambucus_Nigra wrote: »

Yes, for 6 months. That was in January. It's now August.

Yes but the OP has already said that they started this job in June so it was within the 6 month period.

In hindsight (which of course we all know is a wonderful thing), if the OP had stuck out the intervening job for a bit longer, they wouldn't be in this situation now.

For what it's worth, I'm also of the opinion that your ex-employer would stand a good chance in court. Also, in relation to a claim for harrassment, as far as I can tell from the thread, he hasn't actually spoken to/confronted/harrassed you at all, just your current colleagues. Is that right?

DVardysShadow

Cheeky_Monkey wrote: »

... For what it's worth, I'm also of the opinion that your ex-employer would stand a good chance in court.

Also, in relation to a claim for harrassment, as far as I can tell from the thread, he hasn't actually spoken to/confronted/harrassed you at all, just your current colleagues. Is that right?

I think it is a good chance of proving a case which leads to not much assessed damages. So best settled with an offer before court which slightly exceeds the damages which might be awarded and leaves employer to pay costs if he takes it to court.

As for harassment, I believe that this is widely enough drawn to include contact with 3rd parties and certainly to include contact with the alleged victim's workplace.

MissMotivation

Cheeky_Monkey wrote: »

Yes but the OP has already said that they started this job in June so it was within the 6 month period.

In hindsight (which of course we all know is a wonderful thing), if the OP had stuck out the intervening job for a bit longer, they wouldn't be in this situation now.

For what it's worth, I'm also of the opinion that your ex-employer would stand a good chance in court. Also, in relation to a claim for harrassment, as far as I can tell from the thread, he hasn't actually spoken to/confronted/harrassed you at all, just your current colleagues. Is that right?

Yes, in hindsight I should have stuck out the previous job, unfortunately, my previous employer did not keep me on after the three month probation period! It was always my plan to work elsewhere for 6 months and then come back but due to me needing to work and there being no other vacancies out of the 5 mile restriction zone, and being offered a position within a firm that I wanted to work for, I had to take the job.

According to the advice I received today the issues that I have been having from ex-employer do amount to harassment. If the breach of contract is the reason for his actions then he should follow proper proceedure, ie suing me for breach of contract.

DVardysShadow

MissMotivation wrote: »

... According to the advice I received today the issues that I have been having from ex-employer do amount to harassment. If the breach of contract is the reason for his actions then he should follow proper proceedure, ie suing me for breach of contract.

That is conventional thinking. I am of a mind that it may be better to give him some satisfaction out of harassing you - and get the evidence of it happening as best you can.

SarEl

MissMotivation wrote: »

According to the advice I received today the issues that I have been having from ex-employer do amount to harassment. If the breach of contract is the reason for his actions then he should follow proper proceedure, ie suing me for breach of contract.

I don't think anyone is suggesting that the actions of this individual are right. Yes, of course he should take the proper legal action if the breach of contract is his issue. But as I said before, at this moment in time there is no eveidence that he has even thought of this matter. But if lawyers get involved there is a very good chance that they will. His attempts at bullying are patently pitifuil and clearly others think so to. And he is likely to get fed up if he is getting no reaction from you.So there may be a strong argument for riding the stirm and just ignoring him until he does get fed up because the legal route is as risky for you and his actions currently are to him.

patman99

MissM exactly which day in January did you finish and on which day in June did you start with your new employer ?.
This could be crucial in your defense should it end up in Court.

If, for instance, you finished on Jan 12th and started for the competitor on June 13th, then in the eyes of the law, that's 6 months and 1 day. However, if you started before then, you would be within the 6 months.

I guess from your sig that you are employed in the Estate Agent/Letting Agent field.

Lakeuk

Doubt it'll go anywhere, I'd just concentrate on your job, if you're well know locally for doing a good job the get you employer to put an advert in the local press saying x has returned to the area, just started with the company and welcomes clients new or old

Sambucus_Nigra

patman99 wrote: »

MissM exactly which day in January did you finish and on which day in June did you start with your new employer ?.
This could be crucial in your defense should it end up in Court.

If, for instance, you finished on Jan 12th and started for the competitor on June 13th, then in the eyes of the law, that's 6 months and 1 day. However, if you started before then, you would be within the 6 months.

I guess from your sig that you are employed in the Estate Agent/Letting Agent field.

In my calendar, that's 5 months, not 6

patman99

Ooops, my bad there, that's what happens when you are holding a conversation and posting on a forum at the same time.

If the op lives over 5 miles from her former employer, then if I were her, I'd be tempted to say that the job was home-based for the first couple of months.

Mind you, if the other guy is such an idiot, by bad-mouthing her he will have signed his businesses death warrant anyway. As word gets around about what he is really like, all his clients will move when their contracts end.

SarEl

patman99 wrote: »

Ooops, my bad there, that's what happens when you are holding a conversation and posting on a forum at the same time.

If the op lives over 5 miles from her former employer, then if I were her, I'd be tempted to say that the job was home-based for the first couple of months.

Mind you, if the other guy is such an idiot, by bad-mouthing her he will have signed his businesses death warrant anyway. As word gets around about what he is really like, all his clients will move when their contracts end.

And I thought my maths was bad!

Good idea but it is the employers base that is the yardstick!

But wholeheartedly agree with the last sentiment.