Employee Legal Rights
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- benvoid
Hi all. I have a friend who is a sticky legal situation and I'm hoping some one can help. My friend was employed at a design firm for six years and produced lots of work for their clients. He left their employment 3 years ago (on bad terms) and recently set up a design firm approaching his ex employers clients showing work he created at his ex employer. He gave credit to his employer in the portfolio and email. His ex employer became aware of this when one of their clients notified them of his actions. The client did not ask him to remove They have since accused him breaking a confidentiality clause (which is broad and states that he would need their permission) and damaging their reputation and have asked him to delete all work he produced for them when he worked for them. It is important to understand that they are not the copyrights holders as the work was sold on. He relies on the work that he did to get a job. My question is this, If he carries out his ex employers wishes it will seriously impend his ability to find employment. Is there any legislation that can stop an ex employer from making such demands? He is talking to a solicitor but he does not want this to go to court. I thought perhaps the design community might has ideas. Also he is based in the UK.
- GeorgesIV0
he should re read the contract he signed with his ex firm,
when I left my old work, I read mine and it was written that I couldn't work on project or even contact ex clients for 2 years after that,as I said before, he should read the contract, if it isn't mentioned, fuck them
- Morning_star0
Confidentiality clauses usually have a time limit, 6 months is the standard. As they are existing clients of the company AND as the designer worked with the client for the design company I cant see how any confidentiality has been broken as all the parties were aware of the work in the first place.
I think the issue is not the work he's showing but the fact that he's approaching their clients with a view to poaching them.
To be honest, the onus is on the design firm to outline the cluases which are broken (through a solicitor), asking him to stop counts for nothing legally, if they haven't done this, as George says, then tell them to go fuck themselves.
- formed0
1. Make sure that the work is not owned by the ex company. It would seem to be pretty odd to sign ALL of the work over.
2. Confidentiality agreements are very gray areas. Generally, here in the US, a company cannot stop an ex-employee from doing their work.
BUT stopping them from poaching the firm's clients, I don't know, I've heard both sides from reliable sources.So, for example, if he's a web designer, they can't say that he can't be a web designer after he leaves the firm. This has to do with his "right to make a living".
He is poaching the clients, for sure, but that's business. You can have a NON COMPETE agreement, that is a different and often times written into the NDA (I have mine written that way and for 3 years).
Imho, the firm is just going to have to suck it up. If he took INTELLECTUAL PROPERTY, that's again entirely different and something they could enforce (if it was in the original contract).
But if it has been 3 years, the firm has little to stand on.Lawyer - contact a lawyer, everyone here is just rambling personal experiences (mine are real, though, and I paid a nice sum to have my Non-compete/NDA written and successful stopped some amazingly high dollar things from happening - it was rock solid and worth every penny I paid for it).
Generally, though, this happens all the time and not much a company can do about it.
- fadein110
I was given advice a while ago that these type of contracts where you cannot contact or work for business clients rarely stand up in court - if you can prove it is affecting your ability to earn a living.
- melq0
Out of all the available work, your friend is targeting clients of his former employer, with whom he had a major falling out?
Not only that, but the only relevant work he has to show off is more than three years old?
Sounds to me like he needs to rethink whether or not he's cut out for operating his own shop, because these are not wise decisions. The back-and-forth of the legality of it all is pretty trivial in the grander scheme of things.
- doggydoggdog0
Your friend needs to be more creative about getting clients after 3 years.
- Yeah I'd have to have to rely on 3 year old work from a job it seems he didn't likeanimatedgif