WA Former Employer Telling Clients I've Left Town - Employment Law Recourse?

[Kylie Taylor]

I am an accountant in a country town. I was very unexpectedly made redundant in September, but was lucky enough to find a new job within a couple of weeks. I have been very careful not to approach any former clients, but if myself or my partner run into former clients in town and are asked, we tell them where I am working now.

In my industry, client loyalty is very high and I have a lot of long term former clients who were very happy with the work I did for them. I have recently found out that my former employer is telling any clients who ask to book in with me that I have left town and can no longer do work for them because I don't live here. I have former clients who have said that if they weren't told that, they'd have rung around the other local firms to see where I was working now.

The salary at my new job is very much dependent on the billable hours I do, and whilst I would never actively poach clients, the lies my former employer is telling about me is preventing clients from choosing to move their business to my new employer. Do I have any legal recourse under employment law here to get them to stop saying I've left town? It's damaging my reputation and standing in the community.

 

[Rod]

Do I have any legal recourse here to get them to stop saying I've left town?

Yes. Suggest you get a lawyer to write and send a cease and desist letter.

 

[Matthew Lynch]

Hi Kylie - this comes under defamation law rather than employment law. Additionally, if there is no restraint clause in your contract - or if it is an unreasonable restraint clause, then there is nothing stopping you approaching former clients for their business.

If you would like advice or assistance dealing with your former employer, let me know.

 

[Clancy]

If you have solid evidence your former employer is doing this, would it provide a legal pretext for you to contact all your previous clients to inform them you have not moved out of town?