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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What would you like to know about this specifically?
I need to be clear in my assumption that they have no legal basis for claiming this fee back from me and suing me for fraud (as threatened) if I dont pay them (ex employer) the money ?
This is a factual matter that would depend on the actual circumstances. This is not really fraud but the employer would need to show that you had made yourself out to be still working for them when you undertook the job in question and made the client feel that they were instructing your employer, rather than you personally. So the client’s evidence would also be important and if they can show that at no point did they believe that they were working with you but were always under the impression that this was a job they agreed to do with you personally, then there would be little the employer can do. So do not just agree to pay them now, they would still need to take you to court and prove all of the above before you can be forced to pay them anything.
Thank you. I was very clear with the client contact about this and they are willing to confirm that they contract me on a private basis AFTER I left my then employment
the only issue would be if you had a post-termination restrictive covenant in place restricting what you could do even after you had left their employment, was there anything like that?
No. The settlement agreement had no restrictions. I was paid 8 weeks notice after 20th september but my contract ceased on that date and no subsequent work restrictions were imposed.
ok sop then in that case the earlier response applies
you are most welcome
Do you advise me to write to my ex employer, send a lawyers letter to them or simply ignore their threats ?
Don’t just ignore them as that may antagonise them but write back to them with brief details of what happened to show that they have no claim. No need for a lawyer’s letter just yet so you can keep the costs down
Thanks for yr help