Former Employer witholding invoice payment

[preciousgirl]

Hi! I am new to this site and this is my first post.

I wonder if anyone has experience they could share with me to help me with this current problem.

I joined company A early this year under a 6 month contract. Then some 6 weeks later I joined an umbrella company which would process my taxes etc. Work with company A continued. Now that I have left company A I am being denied my final invoice because they want me to sign a restrictive clause that I didnt agree to sign. This clause was contained in the original contract however when I joined company B, company A contracted with them using a second contract without the restrictive clause. Now I am being forced to sign this restriction in order to get my final salary. This money is outstanding for some time now.

The clause in question restricts me from doing my job within the sector I work in.

I am considering small claims court but at the outset see it as a big hassle id like to avoid.

If anyone has any similar experiences please could you share.

Thank you!

[Ell-enn]

Hi there, Did you sign the new contract without the restrictive clause with company B?

[paulgmb]

Hi and welcome!

Normally where you transfer from one company to another, your current contract goes with you, but I think we need more info here.

The clause sounds very restrictive and I do wonder if it would be legally enforceable?

I would try and get advice on that aspect seperatly. Working for a direct competitor or setting up as as a rival within a certain timescale may be permitted, but not working in a whole sector??!!

Regards,

Paul.

[preciousgirl]

Hi thanks for your responses - I have had legal advice and believe that i should be ok within the restriction. Speak to any lawyers and they will be quite cagey when taking about the restrictions saying they are case by case. As it is I have been forced to sign document B and we are still awaiting payment. My signature being the reason why they were witholding payment. Even with that money has not been sent over.

I suspect they have financial problems.

What route can I take now. As I have signed the document albeit through duress I believe my new company will instigate court action on my behalf. They are giving them a further few days.

It amazes me how some companies treat people. How on earth do they stay in business - they are so savage

[Ell-enn]

Originally Posted by preciousgirl

It amazes me how some companies treat people. How on earth do they stay in business - they are so savage

Only if they are allowed to get away with it...