5 replies to this topic

[manders]

Turns out the company I work for has a routine of attempting to sue anyone who leaves (voluntarily or otherwise).  Now im not planning to leave in the near future, but forewarned is for-armed as they say.  Ill give an example, recently a guy in the states resigned and got a job elsewhere, our company wrote his new company a letter threatening to sue.  Job offer was re-recanted and the guy was left jobless.  This apprently is allmost routine practice and when anyone leaves, the lawyers check to see if there is any possible way the leaver, or the new company, can be sued.

So, how would this go down in UK law?  Even if they have no chance if eventually winning ( thank the EU for human rights!) would it be held up in the courts for months on end?

Any experiences or knowledge would be most interestingly received, with thanks.

[mantrid]

manders, on 24 July 2012 - 21:44 PM, said:

Turns out the company I work for has a routine of attempting to sue anyone who leaves (voluntarily or otherwise).  Now im not planning to leave in the near future, but forewarned is for-armed as they say.  Ill give an example, recently a guy in the states resigned and got a job elsewhere, our company wrote his new company a letter threatening to sue.  Job offer was re-recanted and the guy was left jobless.  This apprently is allmost routine practice and when anyone leaves, the lawyers check to see if there is any possible way the leaver, or the new company, can be sued.

So, how would this go down in UK law?  Even if they have no chance if eventually winning ( thank the EU for human rights!) would it be held up in the courts for months on end?

Any experiences or knowledge would be most interestingly received, with thanks.

If true that abdsolutely appauling and amounts to a kind of enslavement. The offending co should be fined and the individual carrying out the action jailed.

[Dicon]

I think this depends upon the industry, if for instance client lists are being protected or RnD secrets etc, in which case employees may not be able to work immediately in a similar position within a different company (often restricted for a numbr of months) that may be viewed as competition.
This however would form part of ones contract detail.
Manders, if you only make the tea, you probably should not worry!!

[Richard Bunn]

Oh dear that's awful. It is indeed completely illegal. It's also illegal to give a bad reference.  They would only have grounds to sue if the  new employer made the condition to the employee that he brings the contact details of sales customers so effectively poaching the other company.  I'm certain that's not the case.  It makes you think doesn't it.  If I was in that situation (providing the new employer hadn't got a reference from the old one) I'd give my reason for leaving as ill health or family illness or imigration/relocation.

[manders]

Dicon, on 24 July 2012 - 22:20 PM, said:

I think this depends upon the industry, if for instance client lists are being protected or RnD secrets etc, in which case employees may not be able to work immediately in a similar position within a different company (often restricted for a numbr of months) that may be viewed as competition.
This however would form part of ones contract detail.
Manders, if you only make the tea, you probably should not worry!!

Alongside from making the tea, i also do other things, so yes, there is cause to worry...

The issue here for most people in my industry is, that if your an 'expert' in something, the only job your likely to want to get is in exactly the same area.  Usually whats written in your contract is you cant work in the same industry for a number of years.  In the US this is perfectly acceptable but is not enforceable in the EU due to human rights as its effectively preventing people from earning a living, but it doesnt stop it being dragged through the courts.

There is also a diiference between taking a written list of business contacts and whats held in your memory.

A decade or so ago i sold some IP to a company and in the contract they prevented me from working in the same field for 3 years, didnt care at the time as i was bored of it anyway.

However, the current company is very aggressive and has a very broad view on what IP is, so anychance to sh** on people and they will take it.

Edited by manders, 25 July 2012 - 07:25 AM.

[Alexis]

Sounds like tortious interference with contractual relations to me.