Hi,
I recently left the employ of a company and joined one of their competitors. I was employed at the company in question for less then 3 weeks, and was fired due to what the owner considered poor performance.
On return of my company laptop, the owner went through my personal communications and read personal emails and messages to friends including ones which (a) disparaged the owner and (b) indicated I was likely to start employment at a competitor.
Soon after my termination and following his reading of my personal correspondence I received 2 letters from their lawyers. One lengthy one showing a selected narrative from my communications which shed him and his company in poor light, and a great deal of non-competition text which would effectively render my experience and skills unemployable. The Restraint Clause in my employment contract read as follows:
Will not:
I of course wish to ignore this intimidating behaviour but would rest easier if I knew he would be unlikely to successfully draw me into a court based challenge. Assuming there is no case to answer for, an appropriate response to his lawyers would be appreciated.
I have uploaded the letters I have received. The employment contract I received was in word format, and the only page I sent back was the last page with my signature.
Thank you for considering my matter.
Vish Liyanage
I recently left the employ of a company and joined one of their competitors. I was employed at the company in question for less then 3 weeks, and was fired due to what the owner considered poor performance.
On return of my company laptop, the owner went through my personal communications and read personal emails and messages to friends including ones which (a) disparaged the owner and (b) indicated I was likely to start employment at a competitor.
Soon after my termination and following his reading of my personal correspondence I received 2 letters from their lawyers. One lengthy one showing a selected narrative from my communications which shed him and his company in poor light, and a great deal of non-competition text which would effectively render my experience and skills unemployable. The Restraint Clause in my employment contract read as follows:
Will not:
- Accept any request to provide services which are competitive with those provided by the Company(or provide such services) to any person or entity who, within the 12 month period preceding the termination of Your employment was a client of the Company with whom You had business contact during Your employment; and
- Canvass, solicit or entice away any employee of the Company at the termination of Your employment of whose remuneration details You were aware during the employment or with whom You had contact during the employment
I of course wish to ignore this intimidating behaviour but would rest easier if I knew he would be unlikely to successfully draw me into a court based challenge. Assuming there is no case to answer for, an appropriate response to his lawyers would be appreciated.
I have uploaded the letters I have received. The employment contract I received was in word format, and the only page I sent back was the last page with my signature.
Thank you for considering my matter.
Vish Liyanage