Good Evening, I have had a breach of contract letter come through to me this afternoon from my previous employer, where they have issued a cease and desist for contacting their customers and suppliers, however on their website for the past week they have been directing support and further information enquiries directly to my new job email address and my personal email address, it was live when the scanned letter was sent.
Some background info:
The company I was previously employed at was selling the products at the company that I now work for, their biggest partner which subsequently provides 60% of their turnover has decided to purchase the product elsewhere, this has been on the cards for sometime now, as they have been asking to purchase elsewhere for at least 1 year, my new company has records for this, I have only been at the new company, their supplier for 1 month. The account however was mine until 2 months before I left the company, one of the reasons for leaving.
My ex employer has blamed me for the loss of their business as well as making libelious and defamatory comments to third parties, hence the subsequent cease and desist notice. My new company terminated our partnership with them today, due to severly overdue debts, and libelious comments.
My ex-employee owes a lot of money to my new employer.
My ex-employer is based in Jersey, but most UK regulations stand.
Thanks Ben, just to clarify really that due to the fact my ex-employee has pushed its clients directly to me, and without me contacting them would have meant a loss to my new company.
It is also worth noting that the customers of my ex-employee are buying the same product, our product that we manufacture, it was only yesterday that we terminated with them as they had blocked any form of contact with them, previously I would have contacted their clients to support them, as this is my job. The business would have them gone through my ex-employer.
Does he really stand a chance with his claim?
Thank you for continuing to answer my questions, I have a couple more if you dont mind.
In December 2012 my ex-employer confirmed that I was an ex-employee and that as of January 2013 I was classed as self employed and contracting to them, I never received or signed a temporary contract, I believe that he will say that any solicitation of his clients would have happened between January and February 2013, even though this is not true, will this help my case?
Their has been an interesting development today, my ex-employer has contacted my customers partner, (which provides software for my customers USB device) and told them that in my contract it says that I cant contact any customers or suppliers, which includes them and warned them off speaking to me.
My new contract with my new customer involves me talking to this partner on a regular basis, if I cant do that, it could lead to me losing this contract, which is my main income.
Can you block a self employed contractor in this way, when my business is to provide consultancy and contracting services?
One thing is for sure, when my employment finished with my-employer in December he was perfectly aware that I would have a contract with his supplier, their wasnt a problem then and subsequently I then worked 2 months as a contractor for my ex-employer, he also encouraged work for me with another one of his suppliers, saying that they should retain my services for one day a week.
But now he is referring to an old contract, however I havent told his lawyer yet about being self employed as I am waiting to hear what they are looking for.
Thanks once again for answering my questions, you have been a big help.
I hope you are well.
I had the letter through from my ex-employers solicitor, it refers to emails that I sent to my client from my own personal email address, sometimes over the weekend, it looks like they have accessed my personal email account to base their case around, they also have just picked out the bits that suited them.
What is your view on this?
I have changed my password today, but they must have been doing this for the last couple of weeks at least once.
Of course I have lots of sensitive information there as I use it for business purposes.
The emails that they are referring to were only sent from my personal email address, specifically to the people that they say they were sent to in their letter.
What is worrying is that this is my main personal email address but I also use it for work purposes, so they would have also has access to confidential client information.
I have asked my online email hosting provider to provide a list of IP addresses with a timestamp for the last 6 weeks. As a business my ex-employer has a fixed IP
Thanks Ben, have a good Easter break.
Basically the IP address is the computer address that has accessed my account, specifically all computers inside of my ex-employers office will have the same IP address except for the last few digits which will be unique to each computer.
So If I receive the list, I will be able to show which have come from inside their organisation and at what time