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Thomas Judge
Thomas Judge, Laywer
Category: Employment Law
Satisfied Customers: 32980
Experience:  Over 25 years experience in law
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Good morning, I would like some advice please in relation

Customer Question

Good morning,
I would like some advice please in relation to the following situation. In June I accepted a job offer from a company. Because this firm was in the same industry as my existing employer I was subject to a three month restrictive covenant contained within my contract. The firm I agreed to join accepted this and we agreed a start date in September (I am now within 10 days of that start date).
A couple of days ago I was offered a very good job in a completely different field (ie it in no way competes with either my last or new employer). The offer was too good to turn down and I accepted. I have not to date signed a contract with the firm I was intending to join although a formal offer was made and I accepted.
Clearly the employer I was intending to join is going to be disappointed and angry. However I would like to know if there is any legal come back on me if he were to take advice.
Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Thomas Judge replied 1 year ago.
If you have not entered into a contract with the proposed new firm then you are entitled to change your mind and no legal comeback with respect to same. I hope that this helps and works out ok - please rate positively - thanks
Thomas Judge, Laywer
Category: Employment Law
Satisfied Customers: 32980
Experience: Over 25 years experience in law
Thomas Judge and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you, ***** ***** a claim for potential damages/loss of income. Is there any way the employer I was intending to join could make an argument for damages or loss of income?

Expert:  Thomas Judge replied 1 year ago.
Not from what you have said - nope
Expert:  Ben Jones replied 1 year ago.
Hi there, the above answer is rather simplistic as it has not considered the potential for any comeback by the employer. Whilst the chances may be slim, it does not mean it is entirely risk-free. You did have a legally binding agreement in place even if no contract was signed and the employer would have relied in you starting with them shortly. Your failure to do so may have still caused losses to them. Starting with recruitment fees they may have paid to get you, down to any losses they may have incurred by you not starting (e.g. having to get a replacement on short notice and incurring additional expenses in doing so). Therefore there are risks and it depends on what, if any losses, were actually incurred and whether the employer is intent on pursuing them. Hope this clarifies a bit more?

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