Disgruntled Employers

[ck1]

I work in the sales industry and recently changed jobs. My old employer is concerned that I will be in contact with some of my old customers (their clients) and has, via a solicitor, reminded me of my obligations not solicit their business etc which is fine, but one of the paragraphs says they will be 'monitoring my activity' until the 12 months period expires. What, if any, processes are they allowed to engage in to monitor my activity? Sounds like a blatant invasion of privacy

[jno]

is there something in the terms of your old contract? My guess would be they don't want you poaching their customers, but I dont' know exactly what your deal with them permitted you to do for a year after eaving them.

[ck1]

Yes that's exactly right about poaching customers, I was more concerned about the monitoring my activities - what can they do to monitor me?

It's pharmaceutical industry

[jno]

probably not much, they're just letting you know that if you do suddenly acquire one of their customers they will be aware of it.

Any special reason for this or do they do it to all ex-employees?

[ck1]

They're business was in a bit of a shambles when I joined, I've been in the industry for a long time so was able to quickly bring in a lot of new business for them. Now I've left they are concerned I'll take it all with me so are going through the legal steps to prevent me from doing so. As I say, I have no issue with that I just don't like the idea of being spied on

[jno]

they're not allowed to harass you; more likely they'll just be checking the trade press to see you haven't acquired new clients you shouldn't have.

[bazwillrun]

Theyd have to prove you poached the clients , not easy to prove that the client moved of their own accord because theyd rather do business with you.

as to monitoring...pffft just a pathetic attempt to scare you

[joko]

I agree its just a warning - they have no legal rights any more than any one else to obtain private info

the time and money it would take to spy on you and monitor you - especially in this way would make it unlikely they will do much except the occasion basic check

[ck1]

Thanks, triggerhippy, that wouldn't necessarily suggest I have poached them though, they might have just stopped buying?

[Peter Pedant]

Usual prob - of having not read the q before answering.

These covenants are lawful as I am sure you have verified
but they can monitor your activity without invading your privacy by.....

asking their clients if you have tried since leaving to poach them

or watching to see if their clients leave them and go to you !

voila !

I think I might have reformatted my works computer before leaving your scrotty ex employers - anyway they clearly think you are good (ish) at your job ! so it is complimentary sort of.


I have had no letter from my ex employers (I am retd ) about anything
presumably because they think I will tell them to fluff off
because I spent so much time before my retirement doing that as well
( in a related industry)

[Peter Pedant]

oh can they demand to see your new appts diary ?

No, nothing like that....

[vulcan42]

They cant have it both ways, just remind them they were quite happy to accept, without question, the new business you introduced to them. Were they worried where that came from?