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I'm in trouble
Stems from the purchase of a company I was working for, that was then purchased by the company I now work for.
I was paid at the original company (in addition to a salary) by the regular subscriptions (it was an online forum) received via an ewallet. Our agreement was that I had full ownership of all subscriptions received through that method.
When the contract was made to the transfer the ownership of the website, no reference was made regarding the ownership of those subscriptions. They continued (they were monthly recurring) and I spent it.
This is now a disciplinary matter with the new owner of the website (who is now also my employer - I was not transferred over as a member of staff, I had separately applied outside of my knowledge of the website being sold).
Given that an existing agreement was in place prior to the signing over of the company to the new owners, that was not represented in the contract, is it valid? I'm not an expert on contract law, and had no part in the change of ownership. Legally, can a contract / dead of assignment be valid if it doesn't take account of pre existing agreements such as the one described?
They have confirmed there won't be a legal case against me as "dishonesty" cannot be proven given the existing agreement I had with the old company. So taking that one step further, can that existing agreement null the original sale of the site?
I'm resigned to leaving my current role, but would like to get the gross misconduct label reduced to misconduct or similar to assist with my future career options.
Advice appreciated
Stems from the purchase of a company I was working for, that was then purchased by the company I now work for.
I was paid at the original company (in addition to a salary) by the regular subscriptions (it was an online forum) received via an ewallet. Our agreement was that I had full ownership of all subscriptions received through that method.
When the contract was made to the transfer the ownership of the website, no reference was made regarding the ownership of those subscriptions. They continued (they were monthly recurring) and I spent it.
This is now a disciplinary matter with the new owner of the website (who is now also my employer - I was not transferred over as a member of staff, I had separately applied outside of my knowledge of the website being sold).
Given that an existing agreement was in place prior to the signing over of the company to the new owners, that was not represented in the contract, is it valid? I'm not an expert on contract law, and had no part in the change of ownership. Legally, can a contract / dead of assignment be valid if it doesn't take account of pre existing agreements such as the one described?
They have confirmed there won't be a legal case against me as "dishonesty" cannot be proven given the existing agreement I had with the old company. So taking that one step further, can that existing agreement null the original sale of the site?
I'm resigned to leaving my current role, but would like to get the gross misconduct label reduced to misconduct or similar to assist with my future career options.
Advice appreciated
