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QLD Taking Clients from a Salon - Employment Law Issue?

Discussion in 'Employment Law Forum' started by Tegan, 5 September 2014.

  1. Tegan

    Tegan Member

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    Hi. I am desperate for advice. I recently worked in a hair salon in which I brought my own loyal clients, but also made new ones. I am being threatened by the employer for taking my clients once I resigned. My loyal clients I told yes. My clients I had newly made I just informed of my departure and my new workplace. Is this illegal? I had never signed or sighted any legal agreement when I began working for the company so what's the problem?

    Please help!
     
  2. Tim W

    Tim W Lawyer

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    As a general thing, you are allowed to tell people
    the "bare" facts that you are leaving, and where your new job is.
    If they choose, as customers, to follow you, that's their choice.
    Note that they are not "your" customers,
    they are your (ex-) employer's customers.
    Even the ones who followed you from any previous workplace.

    But if there is any more than a bare statement of fact,
    then you may be in breach of your duty to your (ex-) employer
    not to do anything to harm them.
    That you signed or didn't sign anything is irrelevant.

    Your (ex-)employer will probably be cranky
    (think how you would feel if you were the employer!).
    And they might make threats and talk about suing you
    and all that sort sort of thing.
    If they do, just let 'em vent. It's a matter for them
    to demonstrate any loss.

    If they defame you, or your new employer,
    and you suffer damage to your reputation personally,
    or your employer suffers commercial loss as a result,
    then you may have further options.
     
  3. Tegan

    Tegan Member

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    Thanks Tim.
    I have actually been notified by someone in the same. location as my previous job that they are telling clients ridiculous accusations regarding my departure. So much so that I believe they are defamatory. What would be my next step?
     
  4. Tim W

    Tim W Lawyer

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    Find out first hand what's being said.
     
  5. Sarah J

    Sarah J Well-Known Member

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    Hi Tegan,

    If you did not sign any restrictive-trade clause (clause agreeing not to poach customers of your former employer) then you should be able to take your former customers if you set up a new business.

    As Tim said, you are allowed to tell your clients that you have left your former employment. That is perfectly fine.

    In regards to defamatory remarks against you, do you know who is spreading this information?
     

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