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COT3 breach of confidentiality

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  • #31
    Re: COT3 breach of confidentiality

    I'd leave it and start looking forwards.
    What a fantastic Post to close out on. Thanks :okay::okay:

    Comment


    • #32
      Re: COT3 breach of confidentiality

      Originally posted by happylife View Post
      Stevemls made a lighthearted comment that he must be dim. (Which everyone knows Stevemls is not dim and provides extremely intelligent , helpful posts to all on here. I make a light hearted reply with smiley face and you blow it out of proportion.

      I blew it out of proportion?? Sorry but i think [MENTION=48758]stevemLS[/MENTION] made that comment sarcastically out of disbelief more than out of light heartedness. If it been me that made that comment that [MENTION=48758]stevemLS[/MENTION] made, and you answered like that, i would have been offended. But i guess at the end of the day the question is was [MENTION=48758]stevemLS[/MENTION] offended by your response, regardless as to whether you meant it as light hearted?! As for blowing things out of proportion, isn't that what your doing regarding your ex-employers FB post, taking it out of proportion and saying its something its not!




      absolutely not which is why I withdrew the claim.





      Your assumptions are incorrect

      So my assumptions are incorrect.... even though your making a big deal of it despite being told by both myself and [MENTION=48758]stevemLS[/MENTION] that its a not a breach... hmmmm if you say so!
      At the end of the day where trying to help you, whether you listen to mine and [MENTION=48758]stevemLS[/MENTION] advice or not is up to you, but if you don't and you instead take action against your employer, your just going to be opening yourself up to paying your ex-employers costs.
      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

      By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

      If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

      I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

      The Governess; 6th March 2012 GRRRRRR

      Comment


      • #33
        Re: COT3 breach of confidentiality

        Originally posted by teaboy2 View Post
        Also the small matter of the post on facebook being made the date before the agreement was signed (if i recall correctly your previous posts).

        If you wee to pursue this, then don't be surprised to get a bill for his legal costs, as am in full agreement with @stevemLS here. And as for your comment "you said it not me", whilst you put a smiley on the end, it doesn't change the fact you likely meant it purely because Stevemls disagrees with you. Would you say the same to your solicitor if he/she disagreed with you too!
        Originally posted by teaboy2 View Post
        At the end of the day where trying to help you, whether you listen to mine and @stevemLS advice or not is up to you, but if you don't and you instead take action against your employer, your just going to be opening yourself up to paying your ex-employers costs.
        For the record, I never said that the OP should take action, only that one has to look closely before agreeing the terms of a COT3 and it's not that hard to have anything reasonable written in there. Mine had the clause against disparaging remarks which went further than just the standard non-disclosure clause as well as an agreed reference typed up by me. None of that was the subject of any argument or dispute by the other side. Most employers would rather just get rid of the problem without having to pay very much (or nothing at all as was the case here) rather than fight for their 'right to brag'. Just an observation from previous experience, not a recommendation to take costly legal action.

        Comment


        • #34
          Re: COT3 breach of confidentiality

          Originally posted by FlamingParrot View Post
          For the record, I never said that the OP should take action, only that one has to look closely before agreeing the terms of a COT3 and it's not that hard to have anything reasonable written in there. Mine had the clause against disparaging remarks which went further than just the standard non-disclosure clause as well as an agreed reference typed up by me. None of that was the subject of any argument or dispute by the other side. Most employers would rather just get rid of the problem without having to pay very much (or nothing at all as was the case here) rather than fight for their 'right to brag'. Just an observation from previous experience, not a recommendation to take costly legal action.
          Never said you did suggest the OP take action - I wasn't replying to your posts in either of my posts you quoted above either, i posted them in reply to the OP and my statement about taking action was made out of concern that the OP was considering doing so!

          Whilst you may have had terms in your settlement agreement to prevent the employer making disparaging comments, the OP likely did not, and even if they did, the FB comment was not disparaging as it was not derogatory, as it wasn't directed at the OP and plus it was a simple statement of fact i.e. they were happy with the outcome, as that's all they are saying when they said "positive outcome" - Also a positive outcome is not of little worth, its worth a lot and bear in mind the outcome was positive for the OP too as if it had gone to tribunal it would have been a lot worse for the OP. Plus the comment was made prior to the agreement was signed, therefore at the time of the comment being made they were not bound by the terms of the agreement. Annoying yes, but you can't say they are in breach of confidentiality etc of an agreement when the post was made prior to the agreement being binding on them! And in any case, the content of the post is not in breach of the agreement anyway, even if they had the same terms as you had in yours reference disparaging comments!
          Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

          By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

          If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

          I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

          The Governess; 6th March 2012 GRRRRRR

          Comment

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