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JGM
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 11544
Experience:  30 years experience as a solicitor.
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Hi there I want to seek more advise from you I was employed

Resolved Question:

Hi there I want to seek more advise from you I was employed full time and during my course of employment I have opened a company as XYZ and it didn't traded during the course of my employment . now I have resigned and wanted to start doing the business of the same trade of my ex employer and I just started and my ex employer came to know about this company and they are suspicious that my company was trading whilst I was employed and they called me to ask about this company and I said it did not traded and I sent them the scan copy of bank statements of the company accounts and since then I did not heard from them . if I want to run the same company and the business what implications I can have , please advice
Submitted: 3 years ago.
Category: Employment Law
Expert:  JGM replied 3 years ago.
You are free to trade in any way you want as long as you didn't agree not to trade in the same business as your ex employer for a period of time after leaving.

This kind of agreement is called a "restrictive covenant" and is sometimes used by employers to safeguard their business and customers from employees that leave and set up on their own in competition.

If your contract of employment had such a provision in it, and it would have to be in writing and quite specific, let me know and I will assist you further.

If you had no such provision in your contract then you are free to get on with your business and ignore your former employer. Competition is quite legal in the absence of a restrictive covenant.
Customer: replied 3 years ago.

hi therer Thanks for your advice but there was a restrictive covenant in my contract which says about confidentiality I want to clarify what it actually means

Expert:  JGM replied 3 years ago.
Can you tell me exactly what the restrictive covenant clauses say please?
Customer: replied 3 years ago.

it says like this " All information that is or has been acquired by you during or in the course of your employment or has otherwise been acquired by you in confidence , All information that relates particular to our business or that of other person with whom we have dealing of any sort shall be confidential and ( save in the course of our business or as required by law ) you shall not at any time ,weather before or after the termination of your employment disclose such information to any person without our prior written consent "

Expert:  JGM replied 3 years ago.
That doesn't stop you trading. It just stops you talking about your former employer's business.
Customer: replied 3 years ago.

can I chat with you as I have some more questions to be answered

Expert:  JGM replied 3 years ago.
We are not in chat mode. As I understand the system, you will have to accept this post to close it and then start a new question in chat mode at a price which is reasonable for the number of questions you have.
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