Employer hassling
Discussion
Hi all,
Hoping for some help here as you've been helpful in the past!
My gf did some freelance work for an interior designer, helping with some drawings etc. This was her first job in this industry and the designer was aware of this. No contracts were signed and my gf ended up helping on more stuff than she planned to as the owner of the company seemed to spend more time at home than at the office.
Anyway they parted ways officially a few months ago as the designer couldn't afford to keep her, plus she made an error on a drawing that apparently cost a few thousand to rectify with the product having to be remade and this was of course all my gf's fault, despite her asking multiple times for it all to be checked and signed off before being sent.
Anyway since she left suppliers occasionally call her as they have her as a contact from.when she was managing the project. She has just been saying she doesn't work for that designer any more and can't help, please call her office. Anyway she has had a few calls from a supplier saying they've tried the office and the owners mobile and not got a reply so they've called my partner. She again just says she doesn't work for that person anymore and can't help.
Fast forward and we've got a letter from this interior designer claiming that this supplier has said that my gf told them.on the phone that she couldn't action any payments and therefore was purporting to represent the company, bordering on defamation (their words).
They included a copy of the letter and asked for it to be returned signed as confirmation of receipt.
Now my gf is concerned and wondering what to do. Does this designer have any actual foot to stand on here? No defamation has taken place and so she doesn't want to sign anything in case it's taken as acceptance of blame.
Is it a case of ignoring or do we need to do something?
Thanks and sorry for the long post.
Hoping for some help here as you've been helpful in the past!
My gf did some freelance work for an interior designer, helping with some drawings etc. This was her first job in this industry and the designer was aware of this. No contracts were signed and my gf ended up helping on more stuff than she planned to as the owner of the company seemed to spend more time at home than at the office.
Anyway they parted ways officially a few months ago as the designer couldn't afford to keep her, plus she made an error on a drawing that apparently cost a few thousand to rectify with the product having to be remade and this was of course all my gf's fault, despite her asking multiple times for it all to be checked and signed off before being sent.
Anyway since she left suppliers occasionally call her as they have her as a contact from.when she was managing the project. She has just been saying she doesn't work for that designer any more and can't help, please call her office. Anyway she has had a few calls from a supplier saying they've tried the office and the owners mobile and not got a reply so they've called my partner. She again just says she doesn't work for that person anymore and can't help.
Fast forward and we've got a letter from this interior designer claiming that this supplier has said that my gf told them.on the phone that she couldn't action any payments and therefore was purporting to represent the company, bordering on defamation (their words).
They included a copy of the letter and asked for it to be returned signed as confirmation of receipt.
Now my gf is concerned and wondering what to do. Does this designer have any actual foot to stand on here? No defamation has taken place and so she doesn't want to sign anything in case it's taken as acceptance of blame.
Is it a case of ignoring or do we need to do something?
Thanks and sorry for the long post.
"bordering" on defamation? So not defamation then? In which case their complaint would be ...?
Anyway no-one on here can give you insured advice and a lot of us aren't legally trained anyway. A lot of solicitors will do a half hour consultation free of charge, which I think is almost certainly the best way to deal with this, if only for peace of mind.
I take it your girlfriend doesn't have professional indemnity insurance, or belong to a trade body which would have a legal advice package? Does your home insurance have legal advice cover included?
Lots of avenues to go down to obtain some properly qualified legal advice, as it sounds like the whole relationship with the "employer" was rocky from the get-go.
Anyway no-one on here can give you insured advice and a lot of us aren't legally trained anyway. A lot of solicitors will do a half hour consultation free of charge, which I think is almost certainly the best way to deal with this, if only for peace of mind.
I take it your girlfriend doesn't have professional indemnity insurance, or belong to a trade body which would have a legal advice package? Does your home insurance have legal advice cover included?
Lots of avenues to go down to obtain some properly qualified legal advice, as it sounds like the whole relationship with the "employer" was rocky from the get-go.
CubanPete said:
Was she employed as a contractor or PAYE?
What was her fee? I would expect different levels of responsibility depending on this.
What is she actually being accused of?
She was essentially employed as a contractor though nothing in writing. Fees were low, like £11 an hour.What was her fee? I would expect different levels of responsibility depending on this.
What is she actually being accused of?
The letter says that if she does it again that they would be taking legal action and to sign that she agrees.
I think we'll try and get a free 30 mins with a solicitor as neither of us have any idea on this sort of thing.
thecremeegg said:
Fast forward and we've got a letter from this interior designer claiming that this supplier has said that my gf told them.on the phone that she couldn't action any payments and therefore was purporting to represent the company, bordering on defamation (their words).
I'm confused, she no longer works for them, so what the supplier is saying is correct, so what is the issue with her previous employer, why is her saying she doesn't work for them anymore and therefore cannot action any payments seen as representing the company?thecremeegg said:
She was essentially employed as a contractor though nothing in writing. Fees were low, like £11 an hour.
The letter says that if she does it again that they would be taking legal action and to sign that she agrees.
I think we'll try and get a free 30 mins with a solicitor as neither of us have any idea on this sort of thing.
I wouldn't sign anything. They could have sent it recorded delivery.The letter says that if she does it again that they would be taking legal action and to sign that she agrees.
I think we'll try and get a free 30 mins with a solicitor as neither of us have any idea on this sort of thing.
£11 an hour you wouldn't expect any professional responsibility.
Does what again? It isn't clear. Is the claim for something she has done or something she has alleged to have said? The situation isn't very clear, and if your girlfriend has only said she doesn't work there any more I'd ignore it. If there is something more involved going on I'd speak to a solicitor.
Hi Pete,
It says that she "has no such authority to act on our companies behalf and in any such circumstances you should advise enquirers accordingly" which is exactly what she did.
I over heard my gf on one of the calls and she really did just say she didn't work with them anymore, sorry and to call the office. She was never asked about payment so again no idea where this has come from!
We won't be signing anything, and weirdly whilst it has a stamp, it hasn't got a postmark so I presume it was hand delivered. It's just an odd and worrying situation!
It says that she "has no such authority to act on our companies behalf and in any such circumstances you should advise enquirers accordingly" which is exactly what she did.
I over heard my gf on one of the calls and she really did just say she didn't work with them anymore, sorry and to call the office. She was never asked about payment so again no idea where this has come from!
We won't be signing anything, and weirdly whilst it has a stamp, it hasn't got a postmark so I presume it was hand delivered. It's just an odd and worrying situation!
thecremeegg said:
Fast forward and we've got a letter from this interior designer claiming that this supplier has said that my gf told them.on the phone that she couldn't action any payments and therefore was purporting to represent the company, bordering on defamation (their words).
Simplest thing is for your GF to call the interior designer and explain what happened, which appears to be that the supplier called her, she explained that she no longer worked for the company, and to call the company rather than her. This would all appear to be a misunderstanding that could quickly and easily be cleared up by just speaking to the person who sent the letter.From what you've written, either the supplier has misunderstood or misinterpreted what they were told. The interior designer is then reacting to what they've been told by the supplier, and is moving to protect their reputation. To lay out my assumptions here, so it's clear;
- Supplier wants paying, couldn't get hold of the designer, called your GF.
- Your GF says she can't pay them, tells them to call the designer.
- Supplier contacts designer, says words to the effect of "Miss X, your employee, says you can't make the payment to us. We want paying, get on with it."
- Designer makes payment, writes letter to GF to tell her to stop acting as though she works for the firm.
Note: I'm not a lawyer.
I'm sure it's Breadvan72 I think he's quite clued up on such matter.
if not there's always some one on here.
however I'd sign nothing.
if I'm reading it right her ex boss is saying she cannot sanction payments.
So can we assume that said suppliers due have sent bills etc and are using the excuse that your GF said yes?
or am I missing something
if not there's always some one on here.
however I'd sign nothing.
if I'm reading it right her ex boss is saying she cannot sanction payments.
So can we assume that said suppliers due have sent bills etc and are using the excuse that your GF said yes?
or am I missing something
Collectingbrass said:
This smells. She needs proper advice, plus a solicitor's letter to the interior designer telling them to FRO will nip it in the bud far better than she could. I'd also use the solicitor to threaten recovery of any IR 35 risk and see how fast the designer shuts up.
Tempted to do this, her sister's bf is a lawyer of some kind so I'm sure he could knock something up.Thanks for all the advice from everyone, certainly not signing anything and going to investigate the letter.
Breadvan’s doing a great thing (and good to see him back!), but it would be nice to know why my advice is awful... We all might learn something.I'm amazed nobody has suggested putting it in the bin and getting on with your life.
Unless you're wanting further dealing with this designer I'm not sure why legal advice is required for a, 'he said she said' situation.
Maybe I've missed something.
edit, What sort of joker company doesn't issue a mobile phone if she's dealing with client enquiries. Crazy that they have her mobile number published anywhere.
Unless you're wanting further dealing with this designer I'm not sure why legal advice is required for a, 'he said she said' situation.
Maybe I've missed something.
edit, What sort of joker company doesn't issue a mobile phone if she's dealing with client enquiries. Crazy that they have her mobile number published anywhere.
Edited by Rick101 on Sunday 27th October 17:29
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