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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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We have just had a to fire an employee misconduct.

Resolved Question:

We have just had a to fire an employee for gross misconduct. He has now left after been fired but unbeknown to us has stolen documents and client information and has proceeded contacting them directly with one of our customers already replying to his mobile phone which is now in our possession saying she is his first customer. He signed a contract of trust agreeing not to do such things even if employment was terminated. What can we do?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How many clients will he potentially be contacting?
Customer: replied 1 year ago.
It is unknown at this time. He could potentially have collected 20 - 30 client's information.
Customer: replied 1 year ago.
With one already confirmed that we know about who has offered him work. She texted his work phone in reply to his message to her offering to transfer the work to him.
Expert:  Ben Jones replied 1 year ago.
If he has breached specific restrictions preventing him from doing that after termination of employment, he would have acted in breach of contract. You have a few options – some practical and some legal. The practical ones are in relation to you contacting the clients he may be contacting or have already contacted, advising them of what has happened and basically trying to ensure that thy do not deal with him and remain with you. Put them off from working with him by saying he will be breaching his restrictive covenants and that you will take further action, which will inevitably impact their relationship with him and may rag them into this, so something along those lines. Legally, you have the following options:· Obtain an interim injunction preventing the employee from doing certain things that would make them in breach of the restrictive covenant, such as contacting specific clients· Seek compensation for damages that have directly resulted from the breach of the covenants Damages may not be appropriate at this stage because you are unlikely to have incurred any so an injunction may be the best option. Before you proceed to court to request that you should try and resolve this directly with the employee, writing to them, identifying the breaches they have committed and making it clear what you will do next if they do not stop breaching these restrictions. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 1 year ago.
Yes it did. Thanks very much.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best