Legal Short Story: Contract gone sour

 "We are also aware my client got an offer to come join his new employer’s team of which he is at liberty to accept or decline".

"Please try not to slam the door on your way out as you did when coming in." Lucas remarked to Ralph as they all came together on the grounds of their contract gone sour.

The door opened with a screeching sound as Ralph walked into room with his attorney, Mr. Jude. "And here comes the traitor" Lucas exclaimed out loud, already seated next to his own lawyer Mr. Randolph.

"Please try not to slam the door on your way out as you did when coming in." Lucas remarked to Ralph as they all came together on the grounds of their contract gone sour.

The Meeting.

Mr Jude, on sitting down next to Ralph, took up the next conversation stating the reason for their meeting. "We are here to discuss the way forward for my client regarding his employment contract signed with you on his resumption at your office five years ago". "I'm eager to know what way forward we need to discuss here". Lucas replied as he continued. "We all know your client is in breach of his employment contract he signed with me by taking up employment with a competitor while still working with me regardless of the unlimited access he has attained to critical data and information in this firm".

"We are fully aware of that Mr. Lucas" replied Jude who didn't stop there. "We are also aware my client got an offer to come join his new employer’s team of which he is at liberty to accept or decline". Lucas continued "Prior to the reception of this offer, my client has however approached you on the basis of you reviewing his contract terms to favour him as much as it did you but you declined". "Still warrants him no reason to take up employment with a competitor within the agreed timeline" Randolph responded.

Intense Negotiations.

"In addition, please be informed that my client also has an existing professional relationship with his new employer prior to his engagement with your firm five years ago" Jude continued to suggest basis of amicable resolution to the accusation against Ralph. "I'm sure you're not considering this as a way out for your client because we are done talking here if so." As Lucas cut Jude off before he landed.

 

With the intention of proposing an alternative route for Ralph, Jude continued "May I also add that the competitive firm in question here is not in the same geo-location as you, neither is the firm directly linked to you" Jude continued... "As a matter of fact, the so-called competitive firm is only a subsidiary of my client's new employer which is quite a bigger firm than yours." Lucas tried to contain his rage while responding to Jude "Subsidiary or not! Bigger or otherwise! The fact here is that Ralph sought employment with a competitor which is a breach of the contract he signed with my firm when he took up employment here."

With his options scale dropping lower against Ralph's favour, Jude decided to consider a more subtle approach.  "Mr Lucas, my client has been with your firm for a couple of years and has served you diligently with minimal or no fault while executing his duties as instructed. Now he needs to tread other paths and expand his level of experience." Jude continued with his persuasive comment. "We plead you find a common ground for my client's goals as well as not leaving a bad taste in anyone's mouth while at it".

Ultimatum.

"Since you've put it this way," Lucas opened up in response to Jude's remarks. "... the only common ground here for us all is for your client to withdraw the employment offer he has accepted from his new employer. Should he, however, decide to not withdraw such, I am prepared to use all legal options available to me to disallow his employment with his new firm. As a matter of fact, my attorney here has written to your new employer Ralph, as we speak, about your actions and why we will not allow you take up employment with them." Lucas spoke directly to Ralph disregarding Jude's request for him not to address Ralph directly.

With a downcast look on Jude's face and a relaxed reaction on Ralph, Jude sighed, with the aim to round up their meeting with his next few words. "I'm sincerely sad you feel this way about my client terminating his contract with you. He, however, has no intention to reject his offer from his new employer. Neither does he have any intention to continue working with you. So this meeting is sadly to no positive fruition". “Then we are done talking here” Lucas replied Jude.

 

"One more thing before we take our leave" as Jude reached for a file in his brief case. "This is a copy of my client's last PAYE (PAY AS YOU EARN) receipt received from you which dates to thirty months back. I have also checked and confirmed that his last PAYE payment dates back to the same date on the receipt. By law, my client is required to receive each month's receipt by the middle of the subsequent month as you have been deducting this from his monthly remuneration all along till date."

Jude and Ralph with a gentle smile stood to their feet, ready to head out right after Jude's last words. "I'm sure we all know that the same law which upholds the contract between you and my client, enforces the payment of your employees' tax in due time. We believe you will allow wise judgement to take precedence on this matter". And out they went as the door slammed behind Ralph.

Written by Micheal Tadese.

I’m a Technologist by profession and a Writer by passion…

www.mtadese.com/blog  @mtadese   mtadese@gmail.com

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