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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I was an employee at the time not a contractor!

Customer Question

I was an employee at the time not a contractor!
Submitted: 2 years ago.
Category: Australia Law
Expert:  Daniel replied 2 years ago.
How can we assist?
Customer: replied 2 years ago.
could they take legal action against me?
Expert:  Daniel replied 2 years ago.
CustomerI was an employee at the time not a contractor!10 Jul 2015, 9:15 AMMeHow can we assist?10 Jul 2015, 9:17 AMCustomercould they take legal action against me?
Expert:  Daniel replied 2 years ago.
This is all i can see.I need information about your problem?
Customer: replied 2 years ago.
rumors are going around! i didn't give the detail with any intent i'm worried that if my name has been linked to this with the wrong intentions!!!
Expert:  Daniel replied 2 years ago.
I cannot advise if i have no info sadly.
Customer: replied 2 years ago.
Hi Daniel, sorry for the confusion I have just realised that you are not the person that I was talking to this morning, below is the conversation we had prior to your involvement. Can you please confirm my situation as I was an employee of the company when this occurred not a contractor and am concerned that I could be in a bad situation.Hi i live in western australia and have recently finished working in the office of a direct sales company that employs commission only sales reps. A few weeks before i finished i had given one of the sales reps a list of their own sales. That rep also left the company and has been contacting customers on the list and getting them to cancel the order and go with her new employer. I have not been contacted by anyone regarding this but have heard that staff are talking about me.....What is my position?
09 July 2015 08:15
Good Morning,
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.
Does this person work for you?
10 July 2015 04:48
No, she works for a different company in a different industry from where i now work.
10 July 2015 06:29
Good Morning.
Were you under a confidentiality agreement not to provide the details to anyone? Did she have access to the information you provided her without your assistance or was it only through you she could have accessed it?
10 July 2015 06:33
No confidentiality agreement. She was not able to access info herself.
10 July 2015 06:35
Good Morning
There is very little they can do then and they will have to sue her to stop her doing what she is doing.
This is a very tricky area of law. As a contractor you have no obligation to the company but if they can bring you under the corporations Act you have a problem.
It is not an easy thing for them to do but if they start proceedings you have to be prepared to defend them.
But based on the little information you have provided I suspect they will have a problem.
I hope this makes sense and is of assistance. if there is nothing further
thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Customer: replied 2 years ago.
Thank you for your response!
even though i realize i have done something wrong! which was not my intent! do I talk to them about it!!!