Conflict of interest

[vinnimon]

Well I received my termination notice last thursday.Fine,I knew it was coming.Just something that he does.I was the longest employee ever.I was really surprized I was there that long.2 3/4years.I beleive he was in bussiness for 4 yrs.If I knew then what I know now,I would of left in a heart beat.Anyway today I was put to a hault.Willing to go look for work.I was told to hand in everthing,which was fine for me.I told him that my tool box in my service truck was locked up.Personal tools and box.He told me to leave it open so they can easily remove it.I do trust him to a degree.So I left it open.Well anyway I called a person that I worked with and personally worked on her truck at another shop after I received my notice.Not noing she was at home sleeping.I swore she was working as ussual.A promise I always kept to her when she needed any help when she working with me and when she first started out.And qoute to a tee"Jodie if you need any help regardless whatever it is.Youre starting fresh and you know my work.If I can help you,I will gladly do so.As long as the shop cant.

Well she COMPLAINED.I knew it was her for sure.The first time she left her truck at the shop today and never approached me personally for the first time ever.Well any way again.The boss told me to leave.His excuse and not knowing.I was approaching customers and it was a conflict of interest.You have to leave as he said.

I keep my promises and if someone forgets,SO BE IT.

 

Sorry Gents I just needed to get it out of me.Conlfict of interest my butt.A promise made 7 yrs prior to today.No one ownes a customer.

 

Any comments would be great,good or bad.Now I know to a tee who not to trust any more.

[perchslayer666]

Sorry to hear that. Best of luck in your future endeavors

[vinnimon]

Sorry to hear that. Best of luck in your future endeavors

Long term work there are no worries.Just in the short term with mortgage and kids to feed.It really piises me off after all these years and I kept my end up.And lots of pro bono to boot in her favour.It just shows me alot more.How some can really be.I always keep my end up on a promise.

[Big Cliff]

That is too bad! Conflict of intrest can be a fine line to cross and yet broad in scope. If you were already fired then contacting customers isn't considered "nice" but it is my understanding that as long as you didn't take confidential customer lists with you and use them, you have nothing to worry about. If you had contacted her before you were fired and tried to get her business for yourself, that would be a different story.

 

Good luck in your job search.

[Paully]

No one ownes a customer.

 

Any comments would be great,good or bad.Now I know to a tee who not to trust any more.

 

I work as a sub-contractor and i dont own one customer... the company i work for owns all of them.

We sign contracts to ensure we dont steal them.

[mbosh1980]

non compete clauses are apparently very difficult to enforce.

sorry to hear about your luck...how is this guy building a solid business if he gets rid of experienced workers so often?

[fisher]

Unless you signed something, I am not sure he can enforce anything.

 

I say spend a few bucks, get a lawyer's opinion, and if it goes your way, start your own business competing in the same field of work. If those old customers come to you instead, oh well. Maybe even partner with another "previously" let go employee. But then again, partnerships rarely work...do it yourself.

Edited January 27, 2010 by fisher

[Headhunter]

Firstly, you initial post is extremely difficult to read and therefore difficult to grasp your meaning. If I understand this correctly, you were let go for what is considered a conflict of interest.

Just so you know where I am coming from here and gain, I am having a difficult time understanding your initial post.

If you did contact a "customer" of your employer and agreed to perform work, not through the company, than you have broken your fiduciary obligation to your employer. Regrdless of whether there is an employment contract in place or any conflict of interest clauses, you are obliged to not use your company knowledge for your own "personal" benefit. If there is nothing in writing from the woman who you helped or offered to help, that backs up your claim to a long term agreement, then again, you have broken your obligations to your employer.

Did you get a package at the time of your release? They are not required to give you one if you were released for cause.

My best suggestion to you would be to call the Labour Board and discuss the situation with them. Arm yourself with information which you can then, potentially use to negotiate some sort of severence package. I would also, again, after talking to the Labour Board and assuming they suggest you have a case, ensure that I got a letter of reference from this employer. Funny how the Labour Board can push employers to do things they may not want to do.

Hiring a lawyer may be required eventually, but my first step would be the Labour Board. They almost always side with the employee and in many cases, it's preceived to be easier just to pay off the former employee, than it is to fight the board.

Hope this helps as a starting point? If you have an offer letter, be sure you have it handy, should the Labour Board require a face to face.

HH

[Rattletrap2]

Some solid advice from HeadHunter there! I also could not follow the original post Vinny! What type of work is this?

[bigbuck]

Second the Labour Board. They should be able to help you somewhat.

[Toronto_Angler]

I don't understand your posts

 

Company's are very strict about no-compete clauses and not doing privately what you are paid to do for them. But again I may be getting it all wrong as I am probably misreading.

Edited January 27, 2010 by toronto_angler

[irishfield]

Vince.. have I not told you before to type in full sentences!

[JohnF]

Vince.. have I not told you before to type in full sentences!

 

Heck. It's fun, like doing a Fill-In-The-Blanks puzzle.

 

JF

[Big Cliff]

Vince.. have I not told you before to type in full sentences!

 

It is only fair to note that he posted at about 1:00 am and with the stress he must be going through had probably taken some "stress relief" liquid medication which may have impared his ability to string together full sentences. Give the poor guy a break will you

[vinnimon]

Sorry all and thank you kindly.I did take some stress releif liquids that night.Fyi to all, I was terminated for reasons of unsatisfied customers along with numerous complaints and so on with the bull.The letter was the same as the others had received upon termination.A regenerated letter and not pointing the finger directly to me.Any way as for the customer I aproached.Both her and I had been coworkers a few years back at another company.She decided to become a broker and a customer at the same place.I told her then and promised.Quote Its tuff out there and if the company cant help,I personally will.And when I go to a new place I will contact you.Qoute.

Well as once before, I did contact her again, to say Im going elsewhere.Well the boss took it personally and probably didnt know.Oh well.He told me to pack up yesterday.

Min of labour tomorrow for advice and possibly a lawyer if needed.

Thanks all, and yes the sauce calmed my nerves.

[vinnimon]

Vince.. have I not told you before to type in full sentences!

Yes, you have my friend.A few times before.Its not my forte.

[vinnimon]

It is only fair to note that he posted at about 1:00 am and with the stress he must be going through had probably taken some "stress relief" liquid medication which may have impared his ability to string together full sentences. Give the poor guy a break will you

the liquid meds finally kicked in at 3 am.

[motion]

Vince, sounds like your boss was looking for an excuse to fire you. If he had you leave yesterday without notice, make sure you get termination pay. Your are entitled to one week for every full year of employment. So if I understand you correctly, he owes you 3 weeks pay plus any unpaid vacation pay and hours worked. he he gives you a hard time, contact the labour board.

 

Good luck!!

[DRIFTER_016]

Vince, sounds like your boss was looking for an excuse to fire you. If he had you leave yesterday without notice, make sure you get termination pay. Your are entitled to one week for every full year of employment. So if I understand you correctly, he owes you 3 weeks pay plus any unpaid vacation pay and hours worked. he he gives you a hard time, contact the labour board.

 

Good luck!!

 

 

He will give you a hard time so just let the Labour Board sort it out.

A similar thing happened to me in 2000. It took 6 months but I got thousands in separation pay, vacation etc. out of the ass!!!

I love it when someone thinks they're screwing you over only to be beaten down by the government and made to look the fool.

The best thing that came of it was going back to school and getting a better job.

Edited January 28, 2010 by DRIFTER_016

[vinnimon]

Thanks guys.You are all good gents.

[Headhunter]

Vince, sorry I neglected to mention this earlier, but be sure to NOT sign anything unless and until you have spoken to the Labour Board or have had legal respresentation review the document.

HH

[vinnimon]

My first plan for today is to seek professional advice.

[Headhunter]

Then I would suggest that your fisrt call be the Labour Board as that call will not cost you a dime... securing legal advice obviously will!

HH

[Big Cliff]

Take it from a guy that has been on both sides of the fence, employer/employee and gone both routes, go with the Labour Board! They are always very sympathic to the employee. If you do decide to go the legal route after that then you can use their judgement as evidence in court to support your claim. Which ever route you take, it isn't going to happen over night. Court could easily take a year or more, Labour Board will probably be quicker but they won't go for damages, just severance pay.