Advice required

[Theo45]

Hi All, recently I decided to resign from my current employer and I handover my resignation with a notice period of 1 month as per my employment contract. My line manager and HR mailed me back that they have acknowledged my resignation along with a thank you letter for my service. In good faith, during a call, I advised them that I’m joining a competitor and since that time their behavior changed 100%. Later same day, they have asked me to come at the office in order to deliver company’s properties laptop, mobiles, etc and during that time they asked me to attend a meeting with company’s solicitor to advise me that has come to their attention that contrary to company’s policies I’ve downloaded and forwarded to my personal email address company’s files and information. As I didn’t expect it, I stressed and admitted that it was a stupid action without to think over the consequences. I did it but without any intention to harm company’s interest or for personal or professional gain. They requested all files to be irretrievably deleted and I consented to do so in front of them so they witnessed the deletion of these files. They handover me a letter to solemnly declare that all files permanently deleted, never shared with any 3rd parties, or copied/printed etc.

My question is, what the consequences of this stupid action? Can they make a claim? And as they have realized that I’m joining a competitor, can they force me now to sign a non-compete clause or to raise any restrictive covenants especially after my resignation has been accepted/acknowledged? To mention, that there is no such clause in my employment agreement.

[echat11]

Hi THEO45

I don't think they can make a claim, they would need prove that your actions has directly lead to some sort of loss to the company.

As soon as you mentioned a competitor, it raised alarm bells so they looked at your activity.
When were the files downloaded to your personal email account? six months ago, a month ago?

Could the following have benefited the competitor, your future employer (we don't know what's on the files)?
If the competitor has that information then you could be in trouble.

'I’ve downloaded and forwarded to my personal email address company’s files and information.'

It's clearly breaches company rules, so is a disciplinary matter.

Ula is the resident expert in these matters, no doubt will advise.

[MIKE770]

ULA may be advise also

[Theo45]

Tnx ECHAT11,

Most of these files (contacts, contracts) were in laptop for months/years as I dealt with them on daily basis, few were downloaded last month before my decision to join the competitor. During the last days, when I decided it’s time to say goodbye, I sent some of them along with all my personal files to my email account. Anyway, stupid action and regret it, but no one else have seen these files and as I said all permanently deleted and cannot be retrieved.

[echat11]

Tnx ECHAT11,

Most of these files (contacts, contracts) were in laptop for months/years as I dealt with them on daily basis, few were downloaded last month before my decision to join the competitor. During the last days, when I decided it’s time to say goodbye, I sent some of them along with all my personal files to my email account. Anyway, stupid action and regret it, but no one else have seen these files and as I said all permanently deleted and cannot be retrieved.

I suppose there is a defence in there, 'as I dealt with them on daily basis'. I think you need to wait and see what they do, then take it from there. Clearly they won't want you to 'transact' any business with their existing clients for your new employer. It's good that nobody else has seen these files.

[ULA]

Sorry to be direct but it was fine for the information to be held on your work laptop 'as I dealt with them on daily basis' unfortunately there is no defence for the information to have been sent to your own email account.

Given that you have signed a letter declaring that the company information you sent to your personal account has been deleted and will not be shared, printed etc. that will hopefully be the end of the matter. The issue will be if you have not complied or your ex-employer has any reason to believe that you have not.

If there was no restrictive convenant/non-compete clause in your contract of employment and you are going to a competitor it would be pointless them asking you to sign one now. However, if there was a confidentiality clause in your contract then you will need to ensure that you abide by that and ensure you do not divulge any information about your ex-employer to your prospective employer.