Posted on 06-Apr-2004 07:24 GMT by Christian Kemp (Edited on 2004-04-06 10:09:44 GMT by Christian Kemp) | 1057 comments View flat View list |
I am currently being threatened by my former employer (they are "compelled [to] take action against [me]") for the way I am running ANN, and how this allegedly violates my employment contract with them ("interfere _in any manner_ with any business relationship between the Company and any of its customers or business partners"). This might entail drastic changes to the relative freedom of speech ANN has always allowed its visitors, or ANN might close down altogether. Updated 10:00 CET.
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Legal threats? : Comment 129 of 1057 | ANN.lu |
Posted by Gregs on 06-Apr-2004 10:00 GMT | Chris, I read about this on AW.net and had a look at your news item.
I would say to you to relax. You ran this site before any contract was signed, it was no secret, nor the nature of the site, arguable your role on the site is one of the reasons a contract of employment was sought.
In otherwords what happens on this site was pre-existing, known and achnowledged by all concerned. The freewheeling and open nature of the site was if anything one of its most notable features.
This person has a rather wierd understanding of contract law. No doubt you can be sued, anyone can be sued about anything there is no threat in this as such. Would such a case have merit? I can't see how.
The contract was not fulfilled by the employer, he cannot then use a subclause to direct your post employment practices, where the purpose of the contract (your employment for a period) was unfulfilled, unless he can show that the contract was signed in good faith and despite all reasonable efforts failed because of unplanned contigencies.
However, I don't think this last condition can be demonstrated. Rather it may be argued with some force that there was never an attempt by the employer to fulfill the contract, rather the contract itself may be seen as a trap, intended all along to subject you to obscure subclauses.
It is not unusual to have such subclauses, but their purpose is to restrain an employee from working with a competitor and delivering to them trade information or other data that could hurt their commerical intersts. It is not a subclause for bonded lifetime slavery - it is not a subclause that can be applied to stop you acting in capacities that you fulfilled before the contract was signed, and it is certainly not a subclause intended to allow defacto control over assets, let alone dictate your journalistic or moderating performance.
In short, this is bluff and bully tactics. Yes you may be compelled to court, as I could be, or anyone could, for reasons without merit, however, how far this can be taken is another matter altogether. I am not giving legal advice, but would if I were in your shoes, I would not pay such threats much heed nor be overly concerned.
I hope this may be of some help, I am disgusted that such pathetic threats should be used, I will not express my opinion on the character of person who has alledgedly made them.
Greg Schofield
Canberra Australia |
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