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Breach of contract/employer suing me

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Re: Breach of contract/employer suing me

Postby diy » Mon Feb 20, 2017 8:14 am

I'm struggling to understand why giving up work for a year is an acceptable remedy for their damages. I'm also wondering why one would see bankruptcy as a better option.
My suggestions are not legal advice
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Re: Breach of contract/employer suing me

Postby atticus » Mon Feb 20, 2017 8:52 am

I strongly doubt that the OP has accurately expressed the nature of his ex-employer's demand.
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Re: Breach of contract/employer suing me

Postby Millbrook2 » Mon Feb 20, 2017 4:25 pm

Did your contract contain a restraint of trade covenant?
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Re: Breach of contract/employer suing me

Postby BoJangles » Fri Feb 24, 2017 10:29 am

diy wrote:I'm struggling to understand why giving up work for a year is an acceptable remedy for their damages.


In certain industries, losing a team player to a competitor poses a threat for the company so they would rather see you completely out of the industry for a while to give them a better 'edge'.


diy wrote: I'm also wondering why one would see bankruptcy as a better option.


If you go under fighting the case in costs = bankruptcy = end of case without actually having a trial.
If you lose the case in court and the damages in claim and costs are not retrievable = bankruptcy
If you go bankrupt it has to be declared in some future work industries, you are limited with who you can bank with, you are limited to who will allow you to rent, you cant get a mortgage, it makes life very hard for a person to live a normal life.
If you lose the case and the industry you work in requires certain levels of DBS checks = booomfffff you're out of the industry

Bankruptcy and breach of contract makes life very difficult to gain employment in certain working sectors.

Where big companies are concerned, it really comes under the 'competition law' sector but they like to hide behind 'breach of contract' in order to get a big threat who has left them out of the picture lol

Not saying this is the case for the OP but, if she/he has been given the option to either not work in this sector for a year or face bankruptcy kinda speaks volumes that they are not happy bunny's at losing a team player that could potential give one of their competitors a better edge. ;)
Note: I am not a lawyer...just learnt a fair bit on that hideous road called litigation
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Re: Breach of contract/employer suing me

Postby atticus » Fri Feb 24, 2017 11:06 am

Good post from someone who knows.
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Re: Breach of contract/employer suing me

Postby BoJangles » Fri Feb 24, 2017 11:30 am

atticus wrote:Good post from someone who knows.


With the help and support of a good network of people ;) :D and plenty of reading material :lol:
Note: I am not a lawyer...just learnt a fair bit on that hideous road called litigation
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Re: Breach of contract/employer suing me

Postby diy » Sun Feb 26, 2017 7:13 am

I love the boomffff :) You could always get a job on salvage hunters. I think the point about accurately reflecting the situation is valid too. Its one thing telling someone to take a year off, another, keeping them out of a specific industry for a year.

Sadly, I found myself being snitch a while back. A new hire sent me the confidential proposal from his ex-employer to my customer. I had no option but to report it (our policy is very clear) and in previous cases both sender and recipient have been sacked, one for doing it and the other for not reporting it. It places the employer in a very difficult position, if they are competing for business. Particularly with armies of lawyers with itchy trigger fingers.
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Re: Breach of contract/employer suing me

Postby atticus » Sun Feb 26, 2017 7:27 am

You need to understand that a former employer may feel that it has no option other than to take the firmest legal action if its business comes under serious attack.

I'll tell you about a case a few years ago. I was telephoned at work by clients. Lawyers had turned up with an 'Anton Piller' search order, also serving some heavyweight injunctions.

It turned out they had taken on a new employee from a competitor. New employee had downloaded previous employer's entire customer database - and my clients knew and had encouraged this. The stroke of genius was in sending one e-mail to the entire list - the 'to' box of e-mail addresses was 7 pages long! Is anyone surprised that several copies of the e-mail found there way back to the ex employer?

The situation cost my clients a 6 figure sum in damages and costs. I remember our senior barrister telling 3 very senior executives that when you are on the other side and you get that kind of evidence, it is like "pulling [pause] the legs [pause] off a spider". 3 company directors wetting themselves.

From the ex-employer's point of view, firm and heavy immediate action nipped the problem in the bud, keeping the damage to their business to an amount a lot less than it might otherwise have been.

This illustrates why diy was right to do what he did.
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Re: Breach of contract/employer suing me

Postby diy » Sun Feb 26, 2017 3:33 pm

it's common for marketing DB managers to include some fake emails in such lists in oder to detect this very thing
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Re: Breach of contract/employer suing me

Postby atticus » Sun Feb 26, 2017 8:12 pm

presumably not fake e-mails, but addresses that go straight back to the company.

It was said that the people who made the A-Z London street map made a deliberate mistake on each page to detect copying.

And I once won a copyright case because our client's design engineer sat up all night checking his calculations, and found an error (not deliberate) which the other side had reproduced. This guy was a very straight-laced Swede - was offended when the barrister asked if there was any chance his drawings might have contained just a teeny little mistake.
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