How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

I am an UK ltd company that provide Sales and Business

Customer Question

Hi, I am an UK ltd company that provide Sales and Business consultancy to US based startups. One of my USA clients has received a letter from one of my "employees" previous employers UK legal counsel stating he has a non compete cause in his contract. I am aware of the non compete and have gated his functions so he is not talking to his previous clients until his non compete has expired on the 26th of May, even though we are not competitive with his previous employment. As they have wrote to my client incorrectly assuming my employee is their employee, what is your suggestion to resolve the issue.
Submitted: 7 months ago.
Category: Law
Customer: replied 7 months ago.
I have attached the letter. Just to be clear the person names is an employee of my UK Ltd company not ThreatConnect Inc. They are also asking for his employment to be terminated.
Expert:  Alex J. replied 7 months ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. How long until the non compete clause expires? Has this done damage to your relationship with the US Client? Will the US Client co operate with you on this matter? Having looked at the undertakings, I can see absolutely no issue in the US Client signing these - they have no merit and also as the employee is not employed by the US company anyway, the US company is not actually in breach of the non compete clause. I look forward to hearing from you. Kind regards AJ
Customer: replied 7 months ago.
The non compete expires on the 26th of May. This has affected my client relationship and will potentially cost me money to resolve. Also both mine and the clients business is non competitive and i understand that the CNC's would be difficult to enforce in the UK unless this person was a key employee of which he was not. Should I contact the plaintiffs legal counsel in the UK?
Expert:  Alex J. replied 7 months ago.
Hi, Thank you. The problem with contacting the Plaintiffs legal counsel is that you could potentially be joined in any proceedings if they choose to sue the employee, as you have allowed the employee to breach the clause. On the other hand, if you owned up and explained what has happened they may just ask you to sign the same undertaking - which I believe would be fine to sign in any event. If they knew it was you (and not the US company) - would they be more likely to sue you?
Customer: replied 7 months ago.
But we haven't breached the non compete. We are not even in the same space as previous employer and he hasn't exposed any confidential data and we have asked him not to visit any previous clients until such time the non compete expires in May.
Expert:  Alex J. replied 7 months ago.
Hi Thank you. If that is the case, and it helps to repair your relationship with the US client, then yes I would contact the legal counsel and confirm the person is employed by you. If they then ask you for an undertaking on similar terms, I would just give it to them if it avoids you having to rack up legal fees. How was this employee introduced to you? Kind regards AJ
Customer: replied 7 months ago.
The employee approached me for employment directly.
Expert:  Alex J. replied 7 months ago.
Hi, Thank you. If you are not competitive with his old employer and do not provide similar products and services, then this non compete will not apply. As you have noted, this probably wont be enforceable in the UK anyway especially if the court deems it too restrictive and stops his ability to earn a living. Will approaching the legal counsel actually repaid the relationship with your client?
Customer: replied 7 months ago.
The employee found us through a job advertisement.
Customer: replied 7 months ago.
Yes, I think my client relationship is ok. They are going to respond as they have been advised to confirm he is not an employee of my client.
Expert:  Alex J. replied 7 months ago.
Hi, Thank you. As you are not a competitor, did not poach this employee, or approach him directly then you are not at great risk of being sued under this none compete clause. If your client is happy to deal with the matter, then I see no reason for your to contact this legal counsel. Ultimately a non compete clause has to have a commercial purpose, it cannot be used to stop someone earning a living. The commercial concern seems to be protecting confidential information, not stopping someone from working - if this is the case then the company has its confidentially clause to enforce against this employee. Any claim for breach of a non compete clause by his new employer (i.e you) would seemingly have little merit or purpose, especially as you are not a competitor - and their interests are protecting by confidentiality obligations.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice