Ex-employer trying to sue for IP infringement

[ToeSucker]

I was let go from my full time employment contract early and immediately moved to join my partner's company and listed myself as a director.

My old boss found out and is contacting lawyers to sue for infringement of IP.

I haven't infringed on any IP. My contract had no non-compete. We don't even really work in the same professional area and wouldn't have the same clients. We don't use the same technology.

I know there's no chance of my old boss successfully winning a case but I'm terrified I'll have to spend 50k or more on legal fees to end this.
Why can't I find such a thing as professional insurance for employees? How can I protect myself from the consequences of this nonsense?
What if I can't afford an expensive lawyer but I'm not entitled to free legal support?

And why isn't this situation talked about more??

Do you have legal cover through your house insurance, could you get advice through that?

The infringement should relate to something specific. Do you know what yet? If not I’d wait for the letter which may never come and then take it from there.

Yes I'd wait and see too. It's bizarre. What does he want ypu to stop doing? Wait until you actually receive a solicitors letter which I doubt you will get. Then first step try your home insurance for advice.

Obviously if you’ve not infringed any IP then the employer is bluffing. Either write back a calm & factual email pointing out they are being ridiculous,or ignore it entirely ans wait to see if they follow through. If they do, then you decide on your next step. But don’t be bullied into stopping work or whatever it is they are shouting about.

What IP could you be infringing?

Non compete clauses have nothing to do with intellectual property.

Sounds like your ex employer is bullshitting.

We are all entitled to ply our usual trade

Has he said what IP you are supposed to be infringing? If not, relax. Until he specifies what he thinks you have done wrong in detail, you have nothing to worry about.

Yes wait for a letter.

If one does come, do you have any cover through your professional body if you have one?

Not sure what profession you are in, but do you have ‘Professional Indemnity” cover?

Policies differ, I am pretty sure my policy would have covered this scenario when I was practicing.

An employee would be unlikely to have PII, though, surely? That would be a firm wide policy if needed

My last employer used to casually throw out legal letters to leavers just to shit them up for fun.

I had similar and I was considered a “good leaver”. It’s nothing but a dick swinging exercise to keep you in line. I wasn’t even in the same market.

Wait for letter and then laugh in his face. You know you haven’t done anything and it’s baseless. Some people are just weird.

Some spiteful bastards out there. There is, sadly, no minimum standard for "employers" - anyone can become one..

this is why i always suggest people join unions. They can advise you on this kind of thing and help you word a reply should you get any legal letters.

I had a stupid employer who fired me (illegally) and when i pointed out he couldn't do that and just laughed. Laughing on the other side of his face when it got to court and he had to pay while i had a union (that he didn't know i was in) lawyer.

If the claim is being made about you utilising ex-employer’s IP in your current role as director of your partner’s business, would legal advice not be covered as part of your current business D&O insurance?

This is my field.

you will not be able to insure against this because you already know about it. But as pp have said there is nothing to insure against yet, no case has been presented to you.

there are now - long overdue! - insurance products to cover against unforeseen accusations of IP infringement. Standard policies have a poor payout rate.

feel free to dm me if a letter arrives.

Thank you very much