Employers Rights

Hi all,

Wonder if you can help me here. A friend of mine, who owns a small business, has just found out, through one of his Customers, that one of his sales reps has been telling all of my friends Customers that he is going out of business & that he is setting up a new business to counter that. Now, A) He's not going out of business, this guy made this up to feather his own nest, B) He still works for my friend & is using his Car/Phone to set up his new business.

He hasn't confronted him yet, because he wants to make sure he does this correctly so there are no reprecussions. Does anyone have any advice on this that I could pass on? Does this fall under gross misconduct?

Mainly he is concerned with;

If he dismisses him, does he have to give any notice?
Would he be entitled to reducdancy?

Anything else? Any links would be appreciated.

Thanks all

Try http://www.entemp.ie/sitemap/employmentrights.htm

Ultimately, he will be judged on whether he followed the appropriate Disciplinary procedures investigating and dealing with the matter. In the short term, he might consider damage limitation and get the rep off the road \ off the phone and back in the office (if there is one) where he can be kept an eye on. Also, get a Company Disciplianry Procedure manual in place (templatye easily sourced on the web) and distribute it to each employee. Then follow it to the letter. Our procedure (& we're a small co.) states that "gross misconduct which will usually render the employee liable to summary dismissal includeamongst others) disloyalty, or breach of confidentiality relating to Company trade secrets or other confidential business information. It also says that an employee can be suspended on pay while the matter is investigated.

Your Friend should make sure that he has indepedent evidence of the employee's behavious before making an issue out of the situation. He shold get the customer he talked to to give him a written statement as to what the employee told him. In my experience the employer has to be very careful in these types of situation and has to make sure that they have all the i's dotted and the t's crossed.

Your friend must take legal advice on the correct procedure to be taken. There are many open and shut cases where the employee gets compensation, because the correct procedures were not gone through.

Brendan

Your friend might have a case for slander against this sales rep. Seems to me the reps false statements to third parties about your friend " tends to lower the reputation of the subject in the eyes of right-thinking people"
[broken link removed]

I'd imagine that the legal route would be a last resort due to the costs in terms of reputation (even if the plaintiff wins), legal fees and time and effort required to pursue this through the courts?

Hi all,

Thanks so much for all of your inputs, I'll be sure to pass them on. avantarklu I think you made a very valid point & in fairness he's learnt this the hard way. Going forward, he'll ensure this happens with every new employee. The law states that a procedures on the disipilnary process must be made available to the employees within 28 days of their commencing employment.

He has taken some independant legal advice also. Don't think he will presue the Slander avenue however. Not sure it's really worth it in the long run.

I'll be sure to let you all know how it goes.

J

Hi all,

Just to let you know the outcome of below. The guy in question resigned & told him he was going out on his own. It works out as the best solution for my friend, considering all the circumstances.

I don't think this will ever happen to him again though !

J

Jane said:

Hi all,

Just to let you know the outcome of below. The guy in question resigned & told him he was going out on his own. It works out as the best solution for my friend, considering all the circumstances.

Click to expand...

Just curious - Did he resign before your friend raised the matter with him?