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Sarah Sarill

  • Posts: 1537
Re: Ex-employees in competition !!!
« Reply #20 on: August 02, 2005, 04:50:30 pm »
Thanks for all your replies and possible wording for the contracts.  I had a good conversation with my solicitor by phone earlier (whilst cleaning I may add) and it seems that these clauses are maily included to stop the event happening as opposed to pursuing it if it does. 

You can take someone to court if you can prove beyond reasonable doubt that they have poached  customers intentionally.  Apparently this is open for interpretation and rarely gets far.  Proof is the big one.  For a case to stick your proof would have tren statement from a customer specifying that the employee had stated he no longer works for XXXXX(your company) but continues to say he remembered them through his employment and not canvassed them ad hoc.    AGain the odd one or two wont work in our favour - there has to be 'sufficient numbers' to deam it intentional.

To summarise it is important to include a clause but going to extreme lengths with the wording is unecessary as it is moreso a scare tactic.  His suggestion would be a simple line under a heading.

Confidentiality
During your emplpoyment with XXXXXXX or at any time after it's termination, however arising, you will not use or disclose to any person or persons, any company related information.

This will cover a multitude of sins.

This clause wording has not been tested in court - I will be using it for its simplicity however if you decide to please have it checked out by your own solicitors.

In relation to the ' not working in the industry or within a certain mile radius' he told me to include it if I wanted but it cannot be imposed under the civil rights act.

Finally (thank goodness), he told me not to put anything in a newsletter that could be deamed as slanderous ie; was fired for XXX or left because XXXXX.  The way around it would be to say that because of the new WFP system I no longer require any additional staff for ladder work safety and will now be cleaning your property on my own.  This means that any one attempting to clean your windows or indeed make collections is doing so without my permission and would not be working on behalf of this Company.

Off do do my Summer 2005 Newsletter now. !!!  Thanks for your advice, maybe one day I'll be able to give advice for another newbie who has this problem !!!

MADE US ALL THINK THOUGH DIDN'T IT EH !! BEING A WINDOW CLEANER IS AS LEGAL AS IT WOULD BE TRADING IN GOLD SO DONT UNDER ESTIMATE OUR INDUSTRIES IMPORTANCE AND VUNERABILITY
Sarah

The Bear

Re: Ex-employees in competition !!!
« Reply #21 on: August 02, 2005, 05:32:08 pm »
I dont like clause 3 either, I think now it would go against Human Rights.

The guy is a window cleaner, who would no doubt work for another firm.

There are about 10 firms in my area, I would not expect him to move to find work.

Please remember, it ia a reasonable man that makes a good employer.