Urgent advise needed, Am i in serious trouble? Please HELP! :(

[Travel Genie]

Hi All,

I need some advise as i am in trouble with my ex-employer.

I recently joined a new company in same industry its been 3 months at my new role. I left my previous role at very good terms, worked very hard exceeded all my targets and worked my notice period, everyone was very happy with me and really liked me i was in touch with them even after i left.

However whilst i was employed with them i registered a industry related domain which was available, i registered the domain in 07/2017 and i left in mid November 2017.

I didn't do anything with the domain whilst i was employed, however when i left to join the new company i created a website with some content on it which was slightly similar to what i did in my previous role, reason i created the website was to rank keywords on google so i can sell the domain later on Flippa which is a market place to sell domains and thats where i sell my other domains.

Last week i received a call from a colleague saying that they have found out that XYZ website is mine and you are in breach of your contract and company is thinking of taking legal action and will inform your present employer as well.

As soon as they mentioned that i got really worried and took the website down right away and told them i have taken it down and they can even have the domain. They thanked me for taking down the website.

They claim that i tried to rip of what they do and tried to take business away from them and also i set up the website whilst i was working for them which is untrue.

My website did not harm their business in any away, i didn't take any existing clients from them, i didn't profit from my website and i was not in contact with their suppliers. I hardly had any visitors visiting my website, may 10 visit per month and loads of spam emails. It was just a 4 page website with keywords i wanted ranked thats all.

Also i did not setup the website whilst i was employed with them.

I have a meeting next week to discuss this issue, but im so scared that they will take legal action against me and ruin my career, my colleague said that if they dont take legal action they will make you sign a non-compete contract so i cannot do this again which i do not mind signing.

I spoke to the CEO he was extremely nice and calm over the phone when i spoke to him and explained that my website's intention was not to harm the business, he has invited me for chat and he will not take any action against me until we have spoken.

Can you please give me some advise? Am i in serious trouble here?

 

[Scalloway]

Did the website do anything apart from sit on the internet?

 

[Travel Genie]

Did the website do anything apart from sit on the internet?

Website didn't do anything apart from just sit on the internet.

I made the website look as real as possible with email address for contact and enquiries etc but like i said i mostly received spam and only 1 email asking about the product which i never replied.

 

[Scalloway]

Really all you can do is say what you've said above, apologise profusely and say you'll never do it again.

 

[Newchodge]

Did you have any kind of non-compete clause in the employment contract that ended in November 2017? If not DO NOT DO ANYTHING. DO NOT MEET THEM, ABSOLUTELY DO NOT SIGN A NON-COMPETE CONTRACT.

If you do decide to meet them, sit and listen to ehat they have to say and ask them to define precisely, and in writing, what they claim you have done that is contractually banned.

It sounds to me like they are bullying you. Please don't let them do that.

 

[fisicx]

As long as you weren’t passing off you have done nothing wrong. Put the site back up and don’t attend a meeting.

 

[Minuteman Press]

How similar was the content?

 

[Travel Genie]

Did you have any kind of non-compete clause in the employment contract that ended in November 2017? If not DO NOT DO ANYTHING. DO NOT MEET THEM, ABSOLUTELY DO NOT SIGN A NON-COMPETE CONTRACT.

If you do decide to meet them, sit and listen to ehat they have to say and ask them to define precisely, and in writing, what they claim you have done that is contractually banned.

It sounds to me like they are bullying you. Please don't let them do that.

I checked yesterday there was a non- compete clause in my contract which I signed in 2015.

As long as you weren’t passing off you have done nothing wrong. Put the site back up and don’t attend a meeting.

I don’t pass or share any information just website was live that’s all nothing else was done, no trading or business deals were done through or via website.

How similar was the content?

Content was not copied form there website, it was just general content related to the industry.

 

[fisicx]

You were not competing whilst employed so there really isn’t a case to answer.

 

[Newchodge]

I checked yesterday there was a non- compete clause in my contract which I signed in 2015.

What, exactly, is the wording?

 

[Travel Genie]

You were not competing whilst employed so there really isn’t a case to answer.

Thats right i was not competing against them and didnt make a single penny,

What, exactly, is the wording?

I will check and let you know.

 

[Supercoach]

You didn't do anything wrong that caused any loss to them whatsoever so there are no damages they can claim.
Do not meet them - insist that they put any allegations they are making in writing and do nothing else until they do.
From what you have said you have nothing to worry about.

 

[Newchodge]

And stop talking to your ex-colleague. They are not doing you any favours.

 

[Travel Genie]

Thank you for all your advice guys, i really appreciate it.

One thing concerns me is that because i registered domain in 07/2017 they think thats when i started the website, but i didn't, i started the website in Jan 2018.

Is there anyway to prove that i started the site in Jan 2018 as i panicked and delete everything of the server.

 

[fisicx]

Try the wayback machine: http://archive.org/web/

Registering the domain still mean you were competing. They have to provide evidence that you had a website while you were still employed. Don't contact them, don't go to the meeting, wait for them to provide evidence of their claim.

In the meantime, get the site restored using a backup. Deleting everything was the wrong thing to do.

 

[Travel Genie]

Try the wayback machine:

Registering the domain still mean you were competing. They have to provide evidence that you had a website while you were still employed. Don't contact them, don't go to the meeting, wait for them to provide evidence of their claim.

In the meantime, get the site restored using a backup. Deleting everything was the wrong thing to do.

Hi, i tried that but my website doesn't show.

Also i told them website has been removed, they actually thanked me for it over the phone.

 

[fisicx]

I'd still put the site back up.

 

[Chris Ashdown]

I checked yesterday there was a non- compete clause in my contract which I signed in 2015.
.

How long was the non compete valid for after you had left the company as this may well be the thing they are complaining about

You say you left in November and put the site up in January, most no compete clauses are for either three or six month or sometimes 12 months. your time at most is under 3 months so they may have a case

 

[Newchodge]

I'm still waiting for the ctual wording of the clause.

 

[Travel Genie]

I'm still waiting for the ctual wording of the clause.

I left contract at work in my laptop bag, i will let you know the wording tomorrow morning.

 

[TexasLarry]

Did you have any kind of non-compete clause in the employment contract that ended in November 2017? If not DO NOT DO ANYTHING. DO NOT MEET THEM, ABSOLUTELY DO NOT SIGN A NON-COMPETE CONTRACT.

If you do decide to meet them, sit and listen to ehat they have to say and ask them to define precisely, and in writing, what they claim you have done that is contractually banned.

It sounds to me like they are bullying you. Please don't let them do that.

I agree with Cyndy...

 

[TotalWebSolutions]

Thank you for all your advice guys, i really appreciate it.

One thing concerns me is that because i registered domain in 07/2017 they think thats when i started the website, but i didn't, i started the website in Jan 2018.

Is there anyway to prove that i started the site in Jan 2018 as i panicked and delete everything of the server.

This might be a long shot but you could check the whois to see the last 'updated' date as this might reflect when the DNS changed (if it did) when the website was launched. Aside from that, see if your host provider can provide any web stats that might indicate the launch.

Simon