Dismisal

[lesjar]

Help.
I am a sales person and recently was offered a new job. I was dismissed after 2 days. As a sales guy with over 20 years experience during my interview i was asked if i would be bring any client accounts with me and i answered yes.

When i started work on the Monday I was asked by the technical director if I would be bring my accounts with me again i answered yes.

I was called to a meeting on the Tuesday evening and told that the technical director felt it was not moral to bring my accounts with me, and i was dismissed there and then after to days at the new job.

My question is my offer letter said I had a one week notice period, am I entitled to 2 days pay plus 1 weeks notice?

[Amethyst]

Re: Dismisal

That's a bit nasty. That is the kind of thing that should have been sorted at the interview stage - and not offered you the job. Had you left a job to take this job up?

[matt3942]

Re: Dismisal

Hi [MENTION=6717]lesjar[/MENTION] - Yes, you are entitled to be paid for the two days you worked, and your ststutory one week notice period.

If your employer's disciplinary/dismissal process is contractual, and they haven't followed the process, you may be able to bring a claim for breach of contract.

- Matt

[lesjar]

Re: Dismisal

Yes Matt i left my job for this job

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Hi Matt, I have a letter of full time employment.
I'm not sure if that is what you are asking.

[FlamingParrot]

Re: Dismisal

Help.
I am a sales person and recently was offered a new job. I was dismissed after 2 days. As a sales guy with over 20 years experience during my interview i was asked if i would be bring any client accounts with me and i answered yes.

When i started work on the Monday I was asked by the technical director if I would be bring my accounts with me again i answered yes.

I'd have thought that was precisely what they were after, not just a sales person but someone who could bring their own clients as well. :noidea:

I was called to a meeting on the Tuesday evening and told that the technical director felt it was not moral to bring my accounts with me, and i was dismissed there and then after to days at the new job.

:scared: :scared: :scared:
The only thing I can think of is that they may have worried that you would be doing the same to them, i.e. moving on and taking your accounts with you, however, it is possible to have contractual clauses that deal with that issue, to a certain extent. Were there any such clauses in your contract?

My question is my offer letter said I had a one week notice period, am I entitled to 2 days pay plus 1 weeks notice?

I'd say yes to both. :thumb:

[lesjar]

Re: Dismisal

As they were due to move offices they asked if they could give me the employment contract in a week or two.
Yes any job i have ever taken the second question is can we see a list of client you think you can bring with you and the projected turnover they can bring in the first 3 months.
I will upload the offer letter if that helps you to determine what i need to do to claim compensation.

[judgemental24]

Re: Dismisal

You will probably have a caveat in your previous employers contract of employment that states client confidentiality. You will see enclosed restrictive covenants.

Your new employer was probably worried if you are prepared to breach that sort of trust with your old employer, will you do the same with your new employer??

[FlamingParrot]

Re: Dismisal

You will probably have a caveat in your previous employers contract of employment that states client confidentiality. You will see enclosed restrictive covenants.

Your new employer was probably worried if you are prepared to breach that sort of trust with your old employer, will you do the same with your new employer??

Those were exactly my thoughts, however, it's quite clear they were looking for someone who could bring their own clients with them which isn't that unusual in the sales world. I very much doubt they asked that question repeatedly just to trick the OP, had that been the case they'd have been turned down at the interview stage. They could easily have warned them that attempting to do the same with them could result in legal action and include restrictive covenants in the contract.

It sounds more like a case of internal disagreement within the company, i.e. some people there were clearly after the OP's clients, but then it occurred to someone else (maybe higher up?) that he could do the same with them, take their clients and run! :bolt:

As they were due to move offices they asked if they could give me the employment contract in a week or two.
Yes any job i have ever taken the second question is can we see a list of client you think you can bring with you and the projected turnover they can bring in the first 3 months.
I will upload the offer letter if that helps you to determine what i need to do to claim compensation.

[lesjar]

Re: Dismisal

You are almost right. I DON'T have a covenant with my old company as the role was 100% new business so there would all be client i had brought with me and won while i was with then.
I think there was a problem between my new employers ( the partners).
The MD who interviewed me new i was bring my clients. His partner was the one on the Tuesday on my second day became worried about me taken there accounts if i left.
As they had not written the contract yet i could not understand why they didn't add a clause to the contract.
All the companies i have worked for have put me on gardening leave in order to contact the clients and give themselves a head start.

- - - Updated - - -

this is a copy of the offer letter.

[FlamingParrot]

Re: Dismisal

That sounds like a very good job!

It does sound like a disagreement between the partners, which is not uncommon in small businesses, however, this is an issue they should have cleared between themselves before starting the hiring process, after all they can't have their cake and eat it, if the want someone to bring their own clients they'll also have to accept that you could leave and take your clients with you to your new employers and they could have added clauses to your contract to prevent that from happening.

That's just the offer letter so it obviously doesn't have any of the terms of employment, just the usual stuff about probation.

p.s. you've left some personal details on the letter.