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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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If a Sales Director gives notice to leave a company, and

Resolved Question:

Hi
If a Sales Director gives notice to leave a company, and takes all his files with customer details of sales and quotations with him - can he be prosecuted for theft of company property ?
Also, as a Director would he not be duty bound to keep all information gleaned at the company confidential ?
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 6 months ago.

Did any of this information / contacts belong to the employee at all before he left or does it all belong to the company? Also, how long ago did the employee leave?

Customer: replied 6 months ago.

Hi Ben

I have replied twice but not sure you are getting it !

He leaves next week, over 80% of the information he has has been obtained whilst in our employment

Expert:  Ben Jones replied 6 months ago.

Hi there. Thank you for your response; I did not receive one before this one. Please leave it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 6 months ago.

Looking into this more it is more of a corporate law matter than employment so I have passed it on to a corporate law colleague of mine. who will contact you as soon as e can. Please do not reply in the meantime as it will just lock the question back to me. Thanks

Expert:  Alex J. replied 6 months ago.

Hi, Thank you for your question and welcome., My name is ***** ***** my colleague has asked me to assist you. Does this director have an employment contract? Is he refusing to return this property?

Customer: replied 6 months ago.

Hi

He does have a Contract and he was a 15% Shareholder until 3 weeks ago when he sold them back to me.

He has not been approached to bring them back yet, my feeling is that he knew that it was Company material.

He also has confidential information discussed with Directors and Shareholders with regards ***** ***** possible share sale by me.

He decided to leave basically as he disagrees with the deal.

All Directors had been told during discussions that what was said in the Boardroom stayed there. Will I have any redress if sensitive information gets out ?

Expert:  Alex J. replied 6 months ago.

Hi, Thank you. This may not be theft per say, but he is obliged to return information that does not belong him and is confidential. As a starting point you have to demand its return - if he does not return it, you will have to sue him for it. Did he have any restrictions in his service contract? Kind regards AJ

Customer: replied 6 months ago.

Hi Alex

No restrictions, but earlier today he has agreed to return the files next week.

Thank you.

Expert:  Alex J. replied 6 months ago.

Hi, Thank you. If he does not please let me know and I would be happy to discuss this further. In the mean time do you require any further assistance? Kind regards AJ

Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
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