Employment Solicitors - Knowing When And How To Use Them

It is important to stress right in the beginning that when you sign a contract of employment with a company, you read the clauses therein thoroughly before putting your imprint on it. This is emphasized because there may be clauses which you might not have even thought of because at that time you were eager to join, and simply signed the document.

To take an extreme example, let's suppose you find in your workplace someone to whom you were attracted. Natural laws take over the written contract or statutes. You are found in a compromising position, to put it mildly, inside the office. And lo and behold, you and your 'friend' find yourselves in the streets. That's because in the contract of employment you signed, this was a breach of a clause that stated that the office premises at whatever time could not be 'misused', again putting it mildly!

So what do you do? You think it is perfectly in order and that injustice is done to you. You hire a solicitor, who in turn instructs a barrister (in United Kingdom at least), to argue your case in court. Mind you, these cases are open cases, meaning that the whole episode is heard in chambers in which the public, especially the press, is present, and the whole episode comes out during the hearings. Do you really want that ? By the time the judicial trial is over, you and your partner have already been 'impeached' by the press and the whole country knows about it. Yes, it is not against the law to have compromising positions in the office, since it is not a public place.

Yes, the employer can take you to the Court, meaning the cleaners for you. The Company has the wherewithal to prosecute you and throw you out without a penny. Meanwhile, you have already been taken to the cleaners by the press. And you are shelling out money for it! Willy Nilly, you would likely lose unless you appoint a really good employment solicitor. Even then, you stand very little chance. You would be lucky if you were given a oral notice or a warning in writing, if the employer is kind hearted, or you are an extraordinarily good worker! Maybe then, you could get away with an increment or two withheld or just asked to go on leave for some time.

Let's take the other extreme now. You have worked hard, sincerely, and yet, you feel uncompensated, or let's put it this way, another company is hunting for you and offering you a substantial sum or opportunity to join them. If you walk away just like that you might be in for a surprise. If you read your employment contract closely, you might find that there is a 'sunset' clause which states that if you leave the company on your own, or have been terminated by the employer, you would not engage in similar activity either yourself or with another company for a particular period of time. This 'sunset' or 'garden' clause is invoked, for let's put it at say three months, or even more. Well you have no choice.

Some may argue that this goes against the fundamental rights to employment. Yes, it does. But at the same time, that fundamental right also gives the employer a right to protect his own interest, since you could be walking away with proprietary information and knowledge about his business to another competitor! That balances the constitutional right!

In these kinds of cases it would be useful to take the advice of an employment solicitor/lawyer, who could perhaps find some case law which determines what period of sunset or garden clause is 'reasonable' or not.