What do you think?

symbolofmylife

symbolofmylife

New member
Hey guys.

Maybe you can be of some assistance here:

During 2007-2008 I was employed by company “X”. Although I was a full time employee I never signed or received a formal Employment Contract.
We had a number of clients, among which, company “Y”.

During the second quarter of 2008 I was unfortunately retrenched by company “X”.

In late 2008 I had the opportunity to sign on with company “Y”. I applied for the position with company “Y” and was fortunate enough to have been awarded the position.

I recently received a phone call from company “X”, clearly upset that I am now employed with one of their clients, as I am according to them, transgressing a supposed Confidentiality Agreement and possible Restriction of Trade, although, I never signed any Employment Contract, or other document outlining the mentioned restrictions.

On top of that I was retrenched and did not leave the company out of my own will.

What are your thoughts on this?
 
they cant do anything since you didnt sign a contract/ confidentiality agreement, thus you are able to work for anyone you please, restraints of trade are only applicable if there's a written contract. did you sign anything when they retrenched you ?
 
They really can't do anything to you, seeing as you did not sign a contract of employement, which in certain cases outlines the rules of non disclosure. Unless you signed a agreement before you left?

You didn't resign, you weren't dismissed but you were retrenched, so there was no unethical intention on your part.

The fact that you didn't receive a contract even though you were a full time employee, is their mistake.

There is nothing wrong with looking for employment with a company (be it your previous employees client or not) you are also familiar with.

If they were to take any sort of action, they would need to provide evidence that you understood their terms.
 
Dohc-WP said:
they cant do anything since you didnt sign a contract/ confidentiality agreement, thus you are able to work for anyone you please, restraints of trade are only applicable if there's a written contract. did you sign anything when they retrenched you ?
Click to expand...

My thinking also.

I only signed the retrenchment letter, but that still did not contain any of the above stipulations.
 
Its actually against the constitution for a company to stop you getting employment in the field you are trained in. Even if they make you sign a contract saying something in the lines of "You may not work for a competing company for so many months after employment with us" .... many companies make you sign something in these lines.... but it never holds up in court. I worked for a Photocopier company and they made all the sales people sign a contract saying they may not work for the competitor within 6 months of quiting. But they were never able to enforce it. They use it as a scare tactic, you have every right to work in your field.... they basically telling you that you can't work.
 
Gir said:
many companies make you sign something in these lines.... but it never holds up in court. I worked for a Photocopier company and they made all the sales people sign a contract saying they may not work for the competitor within 6 months of quiting.
Click to expand...

See, that's my point. I did not quit. Big difference between retrench and quitting. Leaving the company was not out of my own will, besides the fact that no documentation outlining conditions during and after employment exists or were ever signed.
 
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Ok firstly for Company X it is part of the Basic Employments Act to issue you with a Temporary contract of employment during your period of probation, then to issue you you with another contract stipulating your full time employment after that time has expired.

Now they are firstly in breach of that Act (LAW) and secondly they have no right to tell you that you cannot sign up with a client as they retrenched you it is not your doing and the client chose to employ you on a full time basis considering they know who you are and what you are able to do and therefore can also afford to take you on board.

So technically speaking you can tell Company X to take a hike because Initially speaking they broke a law and they could not afford to keep you employed with them at the same time so therefore they have no say in the matter at all. :)

I've been down this road before very recently so I know whats potting here. Hope this helps you :)
 
My mom had a similar thing, but she had to quit, they were treating her so badly. She went to another company in the field which would have better pay and not have terrible working conditions. The first company tried to sue her, but the second company just set their lawyers on the first company and they got scared and ran off. I say show company Y the letter from company X, as if they do try to get anything out of you, company Y can also be held partly liable. Y will probably sic lawyers on X and it will go away :)
 
the first company can't do anything to you...

...it might be a bit unethical, to work for Y from X's view, but that is it
 
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