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Law blog: Being faithful to your employer

by Colin Kennedy

Think it’s OK to start your new business in your employer’s time and poach the company’s best customers? Think again, says employment lawyer Lucia Vincent.

By Lucia Vincent, BNI Portobello (as published in the Otago Daily Times)

Everyone wants those whom we love and trust to remain faithful. No one likes being betrayed – even our pets must live up to our expectations of fidelity.

But do we accept unfaithfulness and disloyalty in some situations? Do I mind if my dog prefers someone else’s company if it means she’s stopped barking? Is it ok to cheer for Australia when they are playing France? Should values like faithfulness and loyalty apply to our employment relationships too?

Within our workplaces most would condemn… more

 

 

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1 comment

Lisa Mackay 27 September 2012 - 9:32 am

Great article.

As an HR manager all too often I come across employees who “forget” that the duties of good faith, fidelity etc are a two way street.

As a business owner, i would also add that however much the law may be on your side to take action if an (current or ex) employee steals your business. The client who they have poached has actually made a decision to go with them. So employers need to protect themselves by ensuring that client relationships are with the company and the client, not with an individual person. If the client remains loyal to the company/brand etc then the best efforts of an ex employee to poach your business will fail.

From an HR perspective that means structuring the company so that more than one person builds a relationship with each customer. As the business owner, know who your top clients are and take the time to ensure you maintain a strong relationship with them, even if you aren’t doing their day to day work.

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