I am currently held to a 9 month post contract obligation which reads as such:
Accordingly, you agree that you will not directly or indirectly, on your own account or for or on the behalf of any person or entity, within the Restraint Period:
a) canvass, solicit or endeavour to entice away from the Company, any person who or which at any time during the term of the employment was or is a client customer of the Company of whom you dealt with or did work for; or
I have had previous employers' clients reach out to me wanting to use my new employers' product (same product, different brand), in my industry clients use numerous suppliers to provide them with enough stock to sell so it is not uncommon for many of the clients from my previous employer to already be working with my present employer.
In a particular incident, I had a previous client reach out to me wanting a personal purchase, I supplied them with options to which they requested a formal agreement from me by forwarding on my original email using my old company email address, hence my previous employer has 'evidence' of me marketing to the client.
This client has advised my previous employer that it was for personal use and that they initiated the contact to request the options. To date, nothing has been sold, nor an agreement in place and I have advised the client that I am unable to assist them until my restraint period ends.
My previous employer are currently withholding commissions owed to me. When I requested the commissions I received this letter (below), which is the second letter regarding the same client and incident, to which I initially responded advising about the personal purchase and that no sales/agreement etc were made.
We further note your comments regarding your contact with our client in that they ...contacted [you] directly to discuss a private purchase
Our client has evidence which contradicts your comments and notes that you are marketing your current employer's products to our client.
Hence, you are to immediately cease and desist from soliciting our client's clients, failing which, our client resrtves all of its rights including but not limited to, instituting proceedings against you to enforce your post-employment obligations, subpoenaing you and your employer and seeking loss and damage as a result of your conduct.
My questions are;
Accordingly, you agree that you will not directly or indirectly, on your own account or for or on the behalf of any person or entity, within the Restraint Period:
a) canvass, solicit or endeavour to entice away from the Company, any person who or which at any time during the term of the employment was or is a client customer of the Company of whom you dealt with or did work for; or
I have had previous employers' clients reach out to me wanting to use my new employers' product (same product, different brand), in my industry clients use numerous suppliers to provide them with enough stock to sell so it is not uncommon for many of the clients from my previous employer to already be working with my present employer.
In a particular incident, I had a previous client reach out to me wanting a personal purchase, I supplied them with options to which they requested a formal agreement from me by forwarding on my original email using my old company email address, hence my previous employer has 'evidence' of me marketing to the client.
This client has advised my previous employer that it was for personal use and that they initiated the contact to request the options. To date, nothing has been sold, nor an agreement in place and I have advised the client that I am unable to assist them until my restraint period ends.
My previous employer are currently withholding commissions owed to me. When I requested the commissions I received this letter (below), which is the second letter regarding the same client and incident, to which I initially responded advising about the personal purchase and that no sales/agreement etc were made.
We further note your comments regarding your contact with our client in that they ...contacted [you] directly to discuss a private purchase
Our client has evidence which contradicts your comments and notes that you are marketing your current employer's products to our client.
Hence, you are to immediately cease and desist from soliciting our client's clients, failing which, our client resrtves all of its rights including but not limited to, instituting proceedings against you to enforce your post-employment obligations, subpoenaing you and your employer and seeking loss and damage as a result of your conduct.
My questions are;
- Can they go after damages if they have not lost any sales?
- Can they withhold my commissions payable?
- If a previous client contacts me and asks for business do I have to turn them away for the full 9 months?
- If there are existing clients that work with both organisations am I allowed to service the existing clients, even though I may have worked with them at my previous employer? (some of these clients have just been assigned to me as a colleague has just resigned)
