employee rights advice with difficult employer

R

razor

Guest
I apologies first for the long query below.

good evening, last friday i handed in my notice at work and gave 4 weeks notice. I have decided to start up my own company (in competition to current emloyer) I expected to be left go straight away but this has not happened. Basicly the employer has decided that he does not want to continue on with the current business and want to focus more on other projects he has.

He asked me not to tell anyone that I am leaving and I told him I had told friends already. Today he got annoyed with me as I had told one of my collegues in work the story and demanded to know who else knew. What annoys me is that he has told 2 other employees and just doesn't like the fella I told. I am actually going to go into partnership with another competitor also but have not told him as he would freak.

I am very wary also at the moment as I know there is fraud being carried out in the company. and he knows I have an idea of this.

My questions are:-
If he asks me not to tell people that I am leaving do i have to do this?
If he was caught out on the fraud dealings would there be repercussions for me, would I be implicated in any way?
Do I have to work the 4 weeks?
If i went out sick could I work with my new partner in the background or do I have to wait until I officially finish?

Appreciate advice
 
I would think it is your business who you tell and do not tell.
If you are involved in the fraud you will be implicated if not you should not be unless as a witness to anything that may be going on.
What does your contract say in relation to working notice?
I would think you have to work the notice period and if you were to get a sick note then I think morally if nothing else you should not be working in the background on this.
Does he know that you are setting up in competition with him?
 
Hi Niceoneted
Believe it or not I do not have a contract (10 years working there). Yes he knows I am setting up against him but does not know I am partnering with someone else also. He says he is going to concentrate on other areas and that he would recommend to the customers to go with me. Being honest I don't need his recommendation as I am the one who has the realationship with them plus I have already informed a few of them and they are committed to give me business.
With regard to the fraud he told me to do a couple of things but when I realised what was going on I stopped doing them unless I got them in writing from him.
I know next week is going to be very difficult to work as I require equipment for a very good customer and he hasn't the money to pay for it, but he still wants the order! So really the stress of fighting with him next week is not going to be worth it.
thank you for your reply
 
Agree with ted.

You are mixing up a lot of separate issues here.

It is your own business whom you tell and whom you don't tell. However, it's good manners to respect the wishes of your employer who may have to plan on how to replace you.

You should always leave an employer on good terms and with the high moral ground. You work as hard as you can for the next four weeks. No sickness. No slacking. No fraud through taking away business contacts.

You could tell your boss that you are going into competition and he might put you on garden leave. This means that you do not work in the company but nor do you work in your new business.

The fraud is a separate issue. Who is defrauding whom? If you suspect a fraud, you should really report it to the victim of the fraud, but you want to have very good evidence. Is there any risk that when the fraud is discovered, you could be accused of it? If so, you should probably keep some evidence of it off site in case you need it to defend yourself.

Brendan
 
Guessing here but I suspect the fraud could well be that he is ordering some stuff with no intention of paying for it. I would advise the supplier quietly to not deliver or make his excuses regarding it.
 
Go to doctor you are stressed
Employer will survive . life goes on and none of us is that vital whatever we may think.
 
I think you owe it to your employer to keep it confidential, especially if it could affect the functioning of the business. If you are the main person in one area than it probably will affect the smooth running of the business if you tell people.

You have a duty while employed and being paid to act in the best interests of the company. It doesn't sound like you are doing that (telling employees and poaching customers).

You do have to work out your notice if required by your employer.
 
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