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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Have I done a wicked thing??

83 replies

TheHomelands2020 · 03/11/2020 14:47

I'm self-employed and worked for a man as admin support for two years. It suited me, and wasn't my only job so was rightly self-employed. The man wasn't my cup of tea but we rocked along OK. I provided a good service, I'm a fast worker so he got his money's worth and paid me on time. All good. I'm not giving away details as it's outing, but it was all very above board and normal.

Cutting a long story short, he did some dishonest dealings and treated me pretty badly at the end. My position was untenable so I resigned. I was pretty cut up about it, very hurt and very angry. He is a pretty nasty individual and I've since found out he has fallen out with most of the people he's ever worked with.

During the course of working for him I created templates and documents for him. He had never asked for copies of the templates. They were created on my software. He now wants the originals and I've refused to give them to him. Does anyone know where I stand with company data.

Also, one of his customers has contacted me because he's unhappy with his charging. I've given away some information that means he could lose this client.

What's the worst that could happen?

OP posts:
TheHomelands2020 · 03/11/2020 19:53

Thanks everyone. I feel I would be the better person by handing over the work and closing that door, but at the same time I am still quite angry. I'm a great believer in karma and worry about what I'll get in return for this.

The client had asked me a few leading questions, basically asking me to confirm his own suspicions. I did! I am worried I said too much.

I'm not looking to work in the same field or even the same town but I have a good reputation for the work I do, while he has a pretty awful one which I've since found out is very well deserved.

OP posts:
Mrsmiggings · 03/11/2020 20:55

You have said you were not an employee. I assume you haven't had any employment rights such as sick/holiday pay, and they've not paid you through payroll? Have you signed a contract for the provision of services which assigns IP to him? If a) you are not an employee and b) you haven't agreed a written contract assigning IP, then as the author of the templates you own the IP in them
I'm a commercial/IP solicitor of 20 years standing btw. Ts and CS- this does not constitute legal advice on which you can rely 😁.

Do you have a contract with restrictions on using confidential information . Could anything in the template be confidential? if there's nothing confidential in the template re his business then no problem here.

Mrsmiggings · 03/11/2020 21:20

@MLMbotsgoaway, he only owns the IP if OP is an employee. If not, OP owns it, unless it has been assigned in writing eg a contract for services. It is correct however that confidential information shouldn't be shared. There is a specific definition of what constitutes conf. Info, pretty much common sense based. It's a pretty hard claim to bring against OP in the absence of a contract, but is a matter of ethics for OP.

MLMbotsgoaway · 03/11/2020 23:14

@Mrsmiggings think you’ve misread my posts. I already posted a link pointing out that it’s OP’s IP.

TheHomelands2020 · 04/11/2020 13:01

Thanks so much for the advice. I was paid by invoicing my former client, never by payroll, and no I was never paid holiday, sick, etc. I didn't have a written contract.

I feel much better, thank you. I will put this sorry tale behind me and hope never to hear from him again.

Thanks again.

OP posts:
Calmandmeasured1 · 04/11/2020 13:55

During the course of working for him I created templates and documents for him. He had never asked for copies of the templates. They were created on my software. He now wants the originals and I've refused to give them to him.
Why would you refuse to give your former employer templates you created as part of your employment? You need to grow up and just send them to him.

You say you were treated badly and left as your position was untenable. You do not have to stoop to his level. Rise above it and return them. Be the better person.

CuriousaboutSamphire · 04/11/2020 14:02

@Calmandmeasured1

During the course of working for him I created templates and documents for him. He had never asked for copies of the templates. They were created on my software. He now wants the originals and I've refused to give them to him. Why would you refuse to give your former employer templates you created as part of your employment? You need to grow up and just send them to him.

You say you were treated badly and left as your position was untenable. You do not have to stoop to his level. Rise above it and return them. Be the better person.

Maybe read the thread!!!!
MLMbotsgoaway · 04/11/2020 14:06

@Calmandmeasured1 did you read the OP - she’s self employed.

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