GOod Day, I am needing some advice. I wa...

Asked by Danny28 on 24-03-2020 17:22:39
Question posted in the General Law category relating to Gauteng
Question value: R 0.00

GOod Day, 

I am needing some advice. I was working for an export company dealing in fruit exports. I recently joined another company doing basically the same thing. I never told my previous emplyer where I was going as I had seen how they treated people who had. 

I never signed a restraint of trade. There a few confindentiality clauses stating that all infoirmation, data, client and supplier infoirmation remains their property. That I cant reveal any infirmation while working there or after termination. I have respected that and have not told my new employer or anyone else information from my previous work place. 

When I left, some suppliers and clients asked where I had gone, so i told them. We got talking about carrying on the realtionship. I never forced the sitaution. SOme clients and suppliers i notified them I had left out of courtesy and they asked where I had gone and said they are looking for new opportunities. Some I had said that I had left and working at a new company and if they wish to carry on they must let me know. Most said sure. 

My ex employer found out recently and has been sending threatening messages saying I must refrain from contacting them. Which yes I am speaking to some but I have never bad mouthed my previous company or tried to stop them from working with them. Some clients and suppliers, were already on my new companies system and had been dealing with them form quite some time. 

Im not sure if they have room to take legal action? 

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Answer to the Question

Posted by Att. Patrick on 26-03-2020 15:30:45

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

Your old employer is entitled to get a little upset if you actively poach the clients to your new company. 

But you didn't sign a restraint of trade agreement, so your old employer can't stop you from working in the same industry, or even for a competitor.

You, and your new employer, should write a short letter back to the old employer saying: 

"We are not actively trying to engage with the clients. They all phoned up. We have the relationship with the client and can't help it if the client wants to move to us for future business."

Based on what you've said above, they don't have any leg to stand on re: legal action.

Also, courts are closed for the next 3 weeks. 

I am available to discuss further if you would like.

Att. Patrick

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

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