Restrictive Covanent Breech Accusation

[Employee001]

hello,

i wanted some some advice if possible from this forum.

I left a previous employer in October 2018 following them inviting me to a disaplinary for ‘bad attitude and not following sales procedure which were completely unfounded.

After the meeting and the directors showing their true colours I decided to resign.

i have now received a letter from their solicitors accusing me of breaching a restrictive Covanent which I have not. The client in question I have not spoken with since leaving.

If anyone in the group has an idea of how to respond Id be grateful

thank you

[Amethyst]

What is the restrictive covenant clause in your contract, and what is it they are accusing you of doing? ( and to what consequence?)

[Employee001]

I’m a commercial insurance broker so I have a non solicit clause in my contract. They are aleging that I have breeched my covenant by soliciting a client of theirs - I can confirm that I have not solicited or even contacted this client so it’s totally fabricated.

They will look to seek an injunction to prevent me from contacting other clients of theirs which I have no intention to do while under contract.

during my employment with them they enticed me to break my previous covenant while employed and are putting me on notice that any damages incurred will be passed to me even though I was acting under their advice

[ULA]

I would suggest that if you have not broken the conditions of your Restrictive Covenant (RC), you write back to the solicitor refuting the allegations in regard to the specific client that they mention in their letter and that you have not contacted any other client of the company since you left. Confirm that you have no intention of breaking the RC for the duration that it is valid. If their client has reason to suspect otherwise then you would need to be provided with the evidence/proof of contact you have had with the client such as alleged dates and method of contact.