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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10663
Experience:  30 years as a practising solicitor.
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hi there, I have recently resigned from current role and have

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hi there, I have recently resigned from current role and have set up a Limited Company offering unrelated services. Although I am not a sole trader, I am the only employee, and will on occasion outsource work to freelancers.
I have included several companies I have worked for as an employee as part of my portfolio, however, the most recent employee has asked me to remove any reference to working with/for them and to not include them in my portfolio.
I will of course do this, however, I'd like to know where I/they stand from a legal perspective.
Any thoughts>
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
What is their reason for this?
Customer: replied 2 years ago.
Hi there, thank you for your quick response.
I received a letter from them:
It has come to our attention the company Bear & Co which advertises that you are Strategic Director for is claiming to have carried out marketing campaigns for [our company] which is untrue and misleading.
Referring to your contract (as seen below) we request that Bear & Co should not be using any [of our company] logo and copyright material without our permission:
"After the termination of your employment in the course of carrying on any trade or business, claim, represent or otherwise indicate any present association with the company or for the purpose of carrying on or retaining any business, claim, represent or otherwise indicate any past association with the company to it's detriment"
Please confirm to us by a return letter that you fully understand your obligations under the contract and will remove this immediately.
Expert:  JGM replied 2 years ago.
There are two issues:
The first is whether or not you have made any untrue or misleading statements as regards ***** ***** out marketing campaigns for your former employer. If this is untrue then obviously you cannot say it.
Secondly is the issue of your contract. What it appears to say is that after termination of your employment you cannot indicate any present association with them. You are not of course trying to do that as you don't work there any more.
The relevant issue would appear to be indicating a past association with the company. From the wording of the contract it would appear that the past association issue is only relevant if to the company's detriment. So they would have to establish that you making reference to your past association with them is in some way to their detriment.
I don't know the facts here as to whether the alleged true and misleading statements are supposed to be the "detriment" issue, but your contract is certainly not prohibiting reference to past association unless it is of detriment to your previous employer.
I hope that this helps.
Customer: replied 2 years ago.
Hi there,
Thank you again for responding so promptly.
The wording on my website says "our clients" and in one section their logo is included amongst other clients. In another section of the site "our portfolio" lists the company name, and image from their site and lists 'campaigns, email marketing' etc
I believe what they are claiming to be untrue is the fact that my company carried out the work as opposed to myself as an individual.
Certainly nothing to their detriment..
Expert:  JGM replied 2 years ago.
Yes, I think that is probably right. Your company does not have them as a client. That is far removed from you having worked for them as an employee. To be safe, I think you should remove reference to them.
JGM, Solicitor
Category: Law
Satisfied Customers: 10663
Experience: 30 years as a practising solicitor.
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