#Employment : Boss threatening to sue me

[halesowenmum]

Hi, myh friend submitted notice at his current job and has about 2 weeks to go. He then, stupidly, emailed all 'his' customers using the work email system to say he was leaving to work elsewhere (a company in a similar field to the one he is working notice on I think). His boss obviously found out as he easily would, and has gone nuts and is threatening to sue him. He is also threatening to contact his new employer and scupper his new job. So my questions are, 1. what part of uk employment or business law has he broken by emailing the customers of the company 2. can his boss do what he is threatening re his new employer?

[honeybee13]

Hello there, welcome to CAG. Is there a reason why your friend isn't posting himself? It may not matter, but it's usually easier for us to speak to the person involved.

 

Does he have a copy of his contract or particulars of employment/employee handbook and is this covered in it please?

 

My best, HB

[halesowenmum]

He's at work at the moment. I'm just worried about him is all and trying to help as he's going round to my other half, his best mate's, later this evening and I thought I might be able to pass on some information that would help him understand what of a situation he's got himself into!!

[elpulpo]

Section 1 of the CAG New Posters Regulations 2009 states that no-one shall attempt to address a employment issue in the first person. Any original post must always begin, " I've got this friend who's just got the sack".

[halesowenmum]

Well I could have lied and made out it was me but a. I don't see the need to lie and b. I'd be highly embarrassed to put my name to such a daft action that my friend has carried out. Never mind, I'll leave it. Was only trying to help a mate but he'll have to help himself and hopefully he's not in too much trouble.

[elpulpo]

Oh, stop it! We're only parodying the fact that such a great number of posters claim to be looking for advice for 'a friend'. There can't be so many altruistic people concerned with the rights of others.

Right. To answer your questions.

Firstly, whether or not the employer can successfully sue you, sorry your friend, depends on whether there is contractual agreement between you/them stating that he can't do such a thing. These are known as 'restrictive covenants'.

Secondly, if such an agreement is in place, for the employer to successfully sue they would have to demonstrate that they had actually suffered some detriment from your/your friends actions.

With regard to the employers threat to contact your (friends) new employer, well yes, he can. Providing he doesn't say any thing that's false. Although you/your friend's not broken any law or (providing no contractual provision exists) breached contract, I'd certainly say that they've breached the implied trust and confidence that should exist between employee and employer. So, if his boss wants to ring the new employer and say, "Just to let ya know, you're employing someone who'll try and nick yer customers before he's even left the job. Good luck", he's perfectly at liberty to do so.

[halesowenmum]

Aye aye aye - it's not me chick, I haven't worked since December because I couldn't find a childminder to care for my two children - so I've got to become a childminder myself! I could talk about the horrendous pressure my previous employer put on ME whenever my children were sick and I had to look afte them which led me to ditch my job at end Dec, and have had no income since then! But thank you. I will pass this on and I hope it helps him. He's going to see CAB and apparently his future employer is going to employ a solicitor so clearly they stilll want him (and his customer list!!!) and so hopefully it's not a case that he's handed in notice on one job and, thinking he was going up in the world compared to his previous salary and situation, is actually ok and is going to continue in to his new job without major problems.

 

Theres so many unclear issues here- copyright yes or no, intellectual property rights yes or no, giving a unsavory reference to a future employer, use of a database that is either improper or proper - hopefully he will get some good advice and be ok as he has a little girl (who's got health problems) to support and we had all been thinking oh how fab, he's got a really good job now, how fantastic for him. He's a great dad and I would be so worried to see him end up with no income and lose his home and so on.

 

Thanks for the help and I do hope he gets sorted out ok.

[elpulpo]

The key thing is to look at the written statement of T&C's, see what that says about this situation.

[Sidewinder]

Incredibly stupid, but almost certainly not actionable. In order to sue, the employer will have to prove actual damages caused by the employee's action, and there would have to be a contractual clause preventing such disclosure. There may well be Data Protection elements involved, but added together

 

Insofar as what the employer can do regarding the employee's new job, then that is slightly less clear. As your colleague is still working, albeit working notice, he could still be dismissed for misconduct. Would this, and the inevitable mention on a reference be damaging to his new job? Alternatively, the current employer could have a quiet professional 'word' with the new employer, but would this damage the situation by way of being warned that their new employee is irresponsible and perhaps professionally negligent, or would the new employer applaud the initiative? Impossible to say!

 

Maybe he needs to have his own 'quiet word' with his new boss and explain that he was perhaps a little keen to make a start in his new role?

[halesowenmum]

Stupid - tell me about it. Way to go to jeopardise the first decently paid job he's had in literally years!!!!! I'm not sure what wording he's used when emailing around to all 'his' customers but hopefully he wasn't so daft as to put "Hi I'm leaving please come directly to me when I move to my new company and do all your business with me from that point forward not X Ltd"!!! I'm hoping it was a bit more subtle than that - a nice "Hey i'm leaving and it's been a pleasure to serve you over the years just letting you know as a courtesy". Update: The new company knows now what has gone on and is going to assist him with legal support so that's good, and I think he's going to go to Citizen's Advice as well. Thanks to all for the replies which I've printed off and will pass to him tomorrow hoping they also help to give some reassurance/further understanding of the situation he is in.

[EBSAL]

Tell your friend no to worry, it's highly unlikely his boss will sue, it would cost him too much money!!! He's a wind bag.

 

He cannot inform your friends new employer because he would be contravening his Human Rights. Very similar to giving a 'bad reference' with adverse information. Not very wise thing to do!

[elpulpo]

Tell your friend no to worry, it's highly unlikely his boss will sue, it would cost him too much money!!! He's a wind bag.

 

He cannot inform your friends new employer because he would be contravening his Human Rights. Very similar to giving a 'bad reference' with adverse information. Not very wise thing to do!

What Human Rights are these?

[helencb]

I must look up what my human rights are, as I am missing out on a lot i fear!

[honeybee13]

I must look up what my human rights are, as I am missing out on a lot i fear!

 

. I think depending on your age, it might mean 'anything I don't like'.

 

My best, HB

[Sidewinder]

He cannot inform your friends new employer because he would be contravening his Human Rights. Very similar to giving a 'bad reference' with adverse information. Not very wise thing to do!

 

Nonsense!

 

A reference can be as bad as it needs to be, so long as it is truthful. "At the time of leaving the company, Mr X was the subject of an investigation into the misuse of confidential customer information and misuse of the company's email facilities". Would you employ Mr X again in future? 'No'. Would you consider Mr X trustworthy? 'No'

 

Human Rights does not even enter the debate!

[deannatrois]

I had a job with a complete bully of a superior, most unpleasant man. When I left and asked for references, they were very grudgingly given and were not good ones. I went to my Local CAB and was told I'd have to take him to court in a civil action and prove he was lying (paying the costs myself) .., so effectively I could do nothing to protect my 'rights' or to make sure the former superior was telling the truth. He later point blank refused to give references and I am sure there is nothing i can do about that either. I am afraid even if we do have 'rights' as an employee, if u have't worked for an employer for long enough u can do little to enforce them.

[EBSAL]

You people are so vile and sarcastic! A very, very ugly attribute to have.

 

Like bullies in a playground situation!!!!

[Sidewinder]

?????

 

Vile? Sarcastic? Where?

[elpulpo]

You people are so vile and sarcastic! A very, very ugly attribute to have.

 

Like bullies in a playground situation!!!!

Yeh well, you smell and you've got fleas. And you have to have free school meals, cos yer mum and dad are paupers.

Touche.

[caledfwlch]

The employers cant give a bad reference myth is always very unpopular when debunked as indeed being a myth.

[Toiler]

He cannot inform your friends new employer because he would be contravening his Human Rights.

 

Bit off beam I fear - the strictures of the Human Rights Act only apply to actions/decisions of a public authority.

[maroondevo52]

And you have to have free school meals, cos yer mum and dad are paupers.

 

I got free school meals

[elpulpo]

Me too actually.

Ya should've been paid to eat the slop we got.

[maroondevo52]

Me too actually.

Ya should've been paid to eat the slop we got.

 

I used to go back for 'seconds'

[elpulpo]

Aye, well, you were obviously middle class........

When I were a lad............