Compensation for Ex-Employer: What to Do?

Questioner

I received a demand letter from my former employer for damages caused by clients who left with me when I left and started my own business. I didn't have a non-compete clause, and clients left for their own reasons. Can he simply demand damages from me, and how do I refute this?

Questioner

No, he can't just do that. It is true that even if you don't have a non-compete and/or relationship clause, you can still be held liable for unlawful acts, but those are cases where you can easily conclude that this is unacceptable (actively approaching customers, taking customer files with you, etc.). If you'd like more information, you can contact one of the lawyers listed here for a free consultation. If you'd like to contact me, you can do so via the "direct contact" button on your screen. Anyway, good luck and kind regards,

Questioner

Case law shows that in similar cases there is generally an unlawful act as a result of which damages can be claimed if: - the sustainable business output of the former employer; - that the (former) employee has helped to build up within the framework of his employment contract; - breaks down systematically and substantially; - with resources consisting of know-how and goodwill which he had confidentially obtained from his former employer for that purpose. The likelihood of having to pay compensation increases if the following circumstances apply: -preparing for competition during employment; -misusing the knowledge acquired from the employer; -theft of staff and/or customers; -making advantageous offers; -making unfavorable, inaccurate, damaging or derogatory statements about the employer; -refer to previous employment; -creating confusion.

Questioner

I made no preparations during my employment, gained no knowledge, and explained to clients what I was going to do to start my own business after I resigned because my employer had drawn up an incorrect contract and forced me to sign it. People then indicated they would leave my employer and start receiving care at another healthcare institution, and asked if that was possible. At the time, they didn't know the rate would be lower than my employer's. I didn't say anything inaccurate or harmful. My employer behaved unfavorably and even threatened people where I worked.

Questioner

It's difficult to give general advice because case law shows that whether your former employer has a chance of success depends on the specifics of the case. If there's no non-compete clause, the judge will certainly be stricter with the former employer. If you believe the circumstances I mentioned don't apply, the chances of you being ordered to pay damages are slim.