Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
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Many thanks for your patience. Whilst the employer can try and make a claim for whatever they want, as they are the ones who have made it, they are the ones who would need to prove it is true and justifiable.
So whilst they may be able to prove that the sale had fallen through, that does not mean that you will be liable for these costs. To be able to claim against you they will further need to prove that you either had a clause in your contract allowing them to pursue you for such losses, or that the reason for this was that you had acted in a negligent manner. When assessing whether this was negligence the court would look at what a reasonable sales manager with your experience and in your position would have done in the same circumstances and if the actions you took fell below the reasonable standard expected of someone in that position. There has to be a clear failure to act within what could be considered acceptable and reasonable expectations in these circumstances for you to have any culpability.
Also do not be too worried about them being advised by Peninsula – they are not really legally qualified, they are an HR advisory service, their help will be limited and not really backed up by legal knowledge so I would expect them to be hand holding the company through the procedures more than anything.
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