Can we bring a claim against a former employee who has damaged the company’s reputation post-employment?Posted in : First Tuesday Q&A NI on 7 September 2021 Issues covered: Reputational Damage; Grievances and Disciplinaries
Generally, the employer’s rights against the former employee would be limited to any contractual obligation which may have been breached. For example, if there is an express obligation on the former employee not to hold themselves out as an employee, the above situation will amount to a breach of the contract and the former employee can be sued accordingly.
However, an employer should carefully consider taking actions against former employees in this context as damages may be low, the employee may not be able to pay damages even if they are awarded and making a case in open court could draw further attention to the issue. Specific legal advice should obtained on this issue.
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Back to Q&A's This article is correct at 07/09/2021
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.