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Ex employer wants to sue me for breaching a contract clause

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talcumpowder
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Ex employer wants to sue me for breaching a contract clause

Postby talcumpowder » Mon, 31 Jul 2017 2:12 pm

Hi there,

My ex employer has threatened to sue me for breaching a clause in my contract. The clause is: all work done by me cannot be disposed of or reproduced without permission.

The problem is I deleted all my work emails permanently before I left (really nothing illegal about it as it's a habit of mine and I have always done the same in past companies). There was nothing critical in it as my ex employer was copied in all critical emails.

Do you think she has a case? If so, what are the damages I would have to pay?

She also has access to my emails so it is hard for her to prove that I was the one who deleted it.

Thank you.

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x9200
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Re: Ex employer wants to sue me for breaching a contract clause

Postby x9200 » Mon, 31 Jul 2017 3:05 pm

talcumpowder wrote:Hi there,

My ex employer has threatened to sue me for breaching a clause in my contract. The clause is: all work done by me cannot be disposed of or reproduced without permission.

The problem is I deleted all my work emails permanently before I left (really nothing illegal about it as it's a habit of mine and I have always done the same in past companies). There was nothing critical in it as my ex employer was copied in all critical emails.

Do you think she has a case? If so, what are the damages I would have to pay?

She also has access to my emails so it is hard for her to prove that I was the one who deleted it.

Thank you.

Unlikely. If she wants to sue you, she would need to specify the damage and if there is no damage there is no case.

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Re: Ex employer wants to sue me for breaching a contract clause

Postby PNGMK » Mon, 31 Jul 2017 5:08 pm

She's trying it on. I suggest you hire a solicitor to write a letter of rebuttal if you're concerned.
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Re: Ex employer wants to sue me for breaching a contract clause

Postby ecureilx » Mon, 31 Jul 2017 5:33 pm

PNGMK wrote:She's trying it on. I suggest you hire a solicitor to write a letter of rebuttal if you're concerned.


Most likely she lost her copies of the email and wants this guy to face the music.

OP, if it was me, I would not respond, and ignore her.

Not even verbal answers.

If she insists on suing, give her your address. And preserve silence.

Coincidentally I did come across a similar case. Customer lost email, blamed my team for losing the email, and insisted the whole IT solution was failure ..

And when confronted two days later with the fact they refused to go for archiving, and chose their own archiving solution, it was absolute silence.

But the customer side contact achieved their objective, deflected their boss's anger to the vendor, insisting the vendor did it.

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Re: Ex employer wants to sue me for breaching a contract clause

Postby Strong Eagle » Mon, 31 Jul 2017 9:43 pm

ecureilx wrote:
Most likely she lost her copies of the email and wants this guy to face the music.



There are backups somewhere... there always are.

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Re: Ex employer wants to sue me for breaching a contract clause

Postby talcumpowder » Tue, 01 Aug 2017 2:04 pm

Thanks so much for the replies guys! Really appreciate it.

Had some restless nights because of this. My ex employer has a reputation of suing anybody at the drop of a pin.

Reason why she suddenly decided to threaten me was because I had asked her to pay me the salary that she owes me. Her reply was for me to give up my remaining salary (of about 1k) or she'll sue me for breach of contract. I'm still unsure as to my next approach as I certainly don't want to suffer more loss with legal bills or damages from the so-called contract breach.

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Re: Ex employer wants to sue me for breaching a contract clause

Postby ecureilx » Tue, 01 Aug 2017 3:38 pm

talcumpowder wrote:Thanks so much for the replies guys! Really appreciate it.

Had some restless nights because of this. My ex employer has a reputation of suing anybody at the drop of a pin.

Reason why she suddenly decided to threaten me was because I had asked her to pay me the salary that she owes me. Her reply was for me to give up my remaining salary (of about 1k) or she'll sue me for breach of contract. I'm still unsure as to my next approach as I certainly don't want to suffer more loss with legal bills or damages from the so-called contract breach.


Ah,

Just send a letter, to expect a reply within 14 days, and copy to MOM, about the balance pay due and to explain why, if it will not be paid.

That doesn't cost money. If she does not reply, get a lawyer to write a letter, that costs a bit of $

If she calls, avoid her call, let her put everything in writing as much as possible. Do not entertain verbal talks.

Bring it to MOM.

PS, did she put it in writing about the demand to give up the one month pay ?

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Re: Ex employer wants to sue me for breaching a contract clause

Postby talcumpowder » Tue, 01 Aug 2017 3:59 pm

Hi there,

It's not for the salary owed but for the few days of annual leave that I'm encashing.

Would it be accurate for me to say that she has no case against me just because my contract clause was to not dispose of any information... and she needs to prove that I have indeed caused "damage" by deleting the emails? I suppose "damage" is quite a broad term!

Thank you again.

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Re: Ex employer wants to sue me for breaching a contract clause

Postby x9200 » Tue, 01 Aug 2017 9:10 pm

Has she reputation for suing or threatening to sue? Do you actually know anybody first hand who was sued by her? What you wrote about her blackmailing just confirms this all looks like a BS and bluffing ad nothing beyond.

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Re: Ex employer wants to sue me for breaching a contract clause

Postby Strong Eagle » Tue, 01 Aug 2017 9:11 pm

Is your employer running Microsoft Exchange? Default retention policy for Exchange is 30 days for deleted email.

But, as others have noted, the real issue lies elsewhere.

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Re: Ex employer wants to sue me for breaching a contract clause

Postby talcumpowder » Wed, 02 Aug 2017 10:07 am

x9200 wrote:Has she reputation for suing or threatening to sue? Do you actually know anybody first hand who was sued by her? What you wrote about her blackmailing just confirms this all looks like a BS and bluffing ad nothing beyond.


Yes, she has sued ex colleagues before but so far I don't think she has won any lawsuits... yet.

Anyway so right now the issue is more or less solved. She has finally prepared a cheque for me but with major deductions for petty issues such as fines for not tapping in and out for lunch breaks :/

But I'm still worried she may still sue me.

Just to confirm, she has to prove she has suffered losses through my deletion of emails (yes it is a permanent one as we use the gmail server and I permanently cleared the thrash), otherwise she has no case yes? THANKS ALL!

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Re: Ex employer wants to sue me for breaching a contract clause

Postby PNGMK » Wed, 02 Aug 2017 10:11 am

talcumpowder wrote:
x9200 wrote:Has she reputation for suing or threatening to sue? Do you actually know anybody first hand who was sued by her? What you wrote about her blackmailing just confirms this all looks like a BS and bluffing ad nothing beyond.


Yes, she has sued ex colleagues before but so far I don't think she has won any lawsuits... yet.

Anyway so right now the issue is more or less solved. She has finally prepared a cheque for me but with major deductions for petty issues such as fines for not tapping in and out for lunch breaks :/

But I'm still worried she may still sue me.

Just to confirm, she has to prove she has suffered losses through my deletion of emails (yes it is a permanent one as we use the gmail server and I permanently cleared the thrash), otherwise she has no case yes? THANKS ALL!


Take the cheque, cash it (same day) and disappear from her life. Write a review on glassdoor.
I have gay, black, Asian friends and then JR8.

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Re: Ex employer wants to sue me for breaching a contract clause

Postby x9200 » Wed, 02 Aug 2017 1:28 pm

talcumpowder wrote:
x9200 wrote:Has she reputation for suing or threatening to sue? Do you actually know anybody first hand who was sued by her? What you wrote about her blackmailing just confirms this all looks like a BS and bluffing ad nothing beyond.


Yes, she has sued ex colleagues before but so far I don't think she has won any lawsuits... yet.

Anyway so right now the issue is more or less solved. She has finally prepared a cheque for me but with major deductions for petty issues such as fines for not tapping in and out for lunch breaks :/

But I'm still worried she may still sue me.

Just to confirm, she has to prove she has suffered losses through my deletion of emails (yes it is a permanent one as we use the gmail server and I permanently cleared the thrash), otherwise she has no case yes? THANKS ALL!

She can sue you regardless anything but to win the case in a civil court there has to be damages. She may also consider some compensation (so a monetary compensation for intangible, "moral" damages) but with no damages and her general attitude I will sooner expect the court to fine her for filing a suit for frivolous reasons, than her to win anything.

Taking into account the problems with your pay cheque (I don't think any such fines are legal) her chances IMHO are near zero. If she tries anything, immediately report her to MoM and you also can follow with a countersuit.
Disclaimer: I am not a lawyer.

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Re: Ex employer wants to sue me for breaching a contract clause

Postby PNGMK » Wed, 02 Aug 2017 8:43 pm

You sound like a lovely young person. Go hang out down and boat quay (Harry's or similar) and find a lawyer who will write a note for you to this lady for a drink. I guarantee you she has not been in court nor faced the wrath of a pissed off lawyer. She's all huff and puff with no bite.
I have gay, black, Asian friends and then JR8.


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