Job Frustration

[jobswill]

Hello All,

I'm a regular member on here, but have an employment situation that is really getting me down. I guess I just wanted to post it out in the open (ish) but maintain my anonymity - hence please excuse the new username.

Late last year I was approached by a new employer. I had become increasingly frustrated in my old role, hence was looking for a move. This employer is in a similarish industry to my last one. The old employer decided this breached my non-compete clause and wrote to both me and my new employer stating that action would follow. To cut a long story short my new employer eventually decided that to support me would require substantial effort and asked my to take an injunction out preventing action from my previous company.

This took us to the beginning of the month. Following speaking to a lawyer it became clear the process to take an injunction was long and difficult, and potentially expensive. Frustrated I decided to cut my losses and look for another role.

It has only been two weeks but it is now 2 months out of work and i'm finding it incredibly frustrating. I have an excellent degree and career history in online, so it's not like there are no jobs around. It's just starting from scratch means recruiters need dealing with, and everything seems to move slowly!

Are there any temping/contract options available? To be honest I just want to get up and work my arse off now, I'm as chilled out as possible now. It seems temping is for £6.00 / hr cleaners, and contracting is only for the IT side (I work on marketing, product, sales).

I am on Jobsite and Monster, and have had around 15 recruiters contact me with roles, a few of which are interesting. Any other routes you'd recommend?

As an alternative maybe I want to do something different. I love motors but am not naive enough to think that working, for example, in a dealership is likely to keep me happy. Any ideas?!

Any thoughts?

Thanks all, feels good to have a mini-rant!

[ShadownINja]

jobswill said:

maintain my anonymity

You've put your name in your profile!

PS good luck with the job search. (It is a shame that you didn't check the contract of employment before taking the new job.)

Edited by ShadownINja on Monday 15th February 17:47

[jobswill]

ShadownINja said:

jobswill said:

maintain my anonymity

You've put your name in your profile!

PS good luck with the job search. (It is a shame that you didn't check the contract of employment before taking the new job.)

Edited by ShadownINja on Monday 15th February 17:47

Ah this is my imaginary alter ego!

[ShadownINja]

Fair enough.

[TooLateForAName]

I fail to see on what basis your old employer is going to take action against your new one unless there is some sort of contract in place.

What does the clause in your contract actually say? It isnt uncommon for people to threaten to take action; it is rather less common for this threat to actually result in a court appearance.

Your new employer seems to lack balls/brains.

[jobswill]

TooLateForAName said:

I fail to see on what basis your old employer is going to take action against your new one unless there is some sort of contract in place.

What does the clause in your contract actually say? It isnt uncommon for people to threaten to take action; it is rather less common for this threat to actually result in a court appearance.

Your new employer seems to lack balls/brains.

Yes, I completely agree with this statement. My attitude has been 'let's get on with it and it's up to them if they really think they can take action'

The main clause in question is the following:

You will not without written consent engage directly or indirectly with any business that competes or will compete with (Old Company) during the relevant period (6 months)

They also wrote to my new company stating they would take action against them for inciting me to breach my contract. I'm aware this is impossible to make stick, but New Company have now asked me for 100% reassurance that no action will result. Old Company is very litigious, so short of taking my own counter injunction which will be personally costly and inconvenient I can't GUARANTEE no action will follow.

They just don't have any balls, which is frustrating.

On the up side had some very interesting roles put forward today and secured 2 interviews - from around 15 incoming calls! Kept me busy anyhow!

Edited by jobswill on Tuesday 16th February 22:46

[TooLateForAName]

I'm not a lawyer, but I'd say that a global non-compete would be too broad to enforce. If they want something like that then they need to enforce gardening leave I think.
It is stopping you earning a living in that business sector isnt it. And a similarish industry? Are you actually in competition - I would expect a court to look unfavourably at a company that seems to be
peeved that you left and
A for inciting someone to break an employment contract ?

In your position I would go see a solicitor and see if there can be some sort of put up or shut up letter sent to them. (But I dont know just how similar the industries are - but if you are not competing then I'd tell them to FOAD)

[Vron]

What if they don't have a timescale or geographical area on the contract but are as broad in saying basically you cannot work in any other industry that competes with company X or any of X's other divisions (which virtually cover the whole industry anyway)?

[jobswill]

Thanks all for the replies. You're certainly right, it would be difficult to enforce. The advice I've had from an employment lawyer is just start work at the new company and let 'em bring it on.

I'd be happy with this approach, but the new employer has told me they want zero legal issues once I start, and that I need an injunction against the old employer to ensure there is no action, hence me deciding to call it a day and look for something else - I'm just not happy going down this route as the employment solicitor advised it would be risky and expensive. I want to get on with my life instead.