Company is Ruining My Reputation

Hello Community. I am a passionate educator and have been working at a reputable, publically listed education centre in HK until just recently.


Since beginning in 2011, I have built a great client base for this company and put in my entire heart and dedication to build a base for them in their newly opened location. Soon after they made me head teacher of their centre.


After I put in my resignation letter (30 day), everything turned upside down. They were worried I would take students with me to tutor on a private basis, but of course, I had no intention to do so, and had never done so previously. Other teachers did not speak with me, as if instructed not to do so. One teacher even made a joke: “It’s good that you’re leaving, I mean, you can just take all of your students with you.”


As I wanted to leave on good terms, leave quietly, and think about my next career step. Just two days prior to my last official work day, I was suspended for "questionable work conduct", and that I am being investigated. During the suspension meeting (not a hearing), they had yet to make any conclusion in their investigation of what they feel I am guilty of. Nothing conluded, no evidence presented, and no option given to appeal the suspension or open the case.


One week later, I received word that a letter has gone out to all of the parents of my students. In this letter, it says that I was suspended for the following reasons:


1) Has been using company material to tutor privately

2) Has been teaching company clients (students) on a private basis

3) Has been opening soliciting to company’s clients for private tutoring


Now it has been taken to a whole new level – defamation on the outside. It was bad enough that the accusations were spread quickly and widely internally, but then, out goes a letter to all the clients to smear my image and taint my reputation with statements that sound like legal conclusions to their investigations, without any hearing for me to respond to these allegations?


They have concluded something without presenting to me the evidence. Shouldn’t I have been allowed reasonable time to prepare a response to the allegations? Why wasn’t I allowed an opportunity to state my case? Why no offer of an appeal for which I am allowed the assistance of a friend? Why wasn’t their procedural fair?


Can anyone point me in the right direction to help me get things back on track for my future in HK?

No company should ever publicly reveal any specific details about why someone is disciplined or terminated. They chould have just got you to sign a letter to confirm that you will not 'poach' any clients after you leave (which should have also been included in your contract of employment or included as company policies and procedures in the HR Manual) but this tact is totally unacceptable!


What sort of contract were you employed under? Are there any related terms in your contract or any company policies regarding this?


You should definitely have had the right to defend any accusations. Did they have any witnesses or evidence?


Happy to give you some more advice if you can PM me a few more details...

Thanks for the reply. The contract is comparable to that of a law firm's. Never before have I seen something so nebulous at best. I had a few non-HK lawyers look through, and their thoughts have been the same: "Any lawyer would have a field day with this, as there is nothing enforceable in here except for the solicitation clause."


To answer your question, there are no terms other than those in the solicitation clause that mentions clearly the restriction from soliciting directly or indirectly to clients during my employment and not for 6 months after my employment.


Confused and non functioning! :(:(

Alex, your answer, if you believe you have been defamed, is to commence legal proceedings, seeking damages for the harm the defamation caused.

It is actually one of those matters that is so overtly wrong and extreme that I believe there is a chance it could make a front headline in the paper. Good luck!

I think a legal battle will be in order. Full fledged, no holds-barred.

Thanks. I am actually meeting with a lawyer tonight (who luckily is a friend and will not charge the normal rate), but even then, since leaving my job, it is not like we have the funds to put into something like this -- but now it seems we must in order for us to stay in Hong Kong.


One thing that comforts me is knowing that this is NOT the norm of company practise in HK. There are many good companies out there, fair and true, real and honest -- yet my previous company is one of those stand outs from the inside -- essentially hidden from the outside from their true colours unless someone (possibly myself) is willing to set in motion a legal action that could crack the whole thing wide open.

One thing that I have been thinking of -- prior to consulting with a lawyer -- is writing a letter to the head of the company, essentially stating that, if they have taken such liberty to contact the mommies about what I have done and gone to the extent of asking them where I am going, why not just ask them if I have tutored their children?


Another thing I did not mention in the opening of this thread is the fact that when I had turned in my letter of resignation in September, that is was at the same time the company had changed their class time slots -- which did not accommodate the parent's tight schedules so they had no choice but to withdraw. To the management, this seems as if I have been pulling the students out since turning in my letter. Just another thing to factor in.

Name and shame them as they did to you

Hello Jim, I have been occupied with all this garbage, shoulder deep in legal notices -- so sorry for the delay with updates. Seems the company is in attack mode, with no possibility in backing down.


We received notices from the company's lawyer, as well as from their third party client, with broad statements seeped in exaggeration, contradiction, and slander.


At this point, we tried to settle amicably. Even during the Labour Division meeting, the boss didn't seem to understand HK law, and insisted that she didn't have to pay me my owed wages for worked days prior to my suspension (incidentally, it was made official that my notice for a 60 day notice would hold). She went on about how because of the evidence they have found that she does not have to pay me. No matter, as the mediator repeatedly brought out the handbook outlining labour rules and regulations.


Even though the end of the meeting seemed lighter in tension, she mentioned that she would consider holding off on legal proceedings if I were to write an acknowledgement letter and a promise never to use any of the company's intellectual property (loosely defined in the contract).


Two days later, she left a message on my voicemail. She requested to speak with my fiance who speaks fluent Cantonese, who incidentally spoke openly to her at the Labour Division meeting (openly, yet respectfully). When she called my fiance, she spoke down to her, "shooshed" her on several occasions, interrupted constantly, and adamently denied the following:


1) That the letter they had send out with the long list of detailed, unconcluded allegations was defamatory.

2) That the company authorized the use of digital material from their third party client


So here we are, at a standstill, with the burden of the unknown weighing on us every second.


What can we do without spending a lot of money on legal fees?

I know a consulting company and maybe it can help.

You can contact me for details.

Email: shirleychan20122012@gmail.com

Alex;


I can tell you from experience, you DO NOT, DO NOT, DO NOT want to get into a lengthy legal battle with a company/ex-employer. It will be drawn out for years. A company or corporation always has more money than you, (the individual) so they can and will just drain you until you have no more money to carry on. Yes, they can even lie, (and many do); the process takes so long in it's attempts to be fair to both sides, it would be YEARS before they will have to face up to those lies. The emotional impact is also, perhaps even more draining and damaging. Unless, you can carry on in a legal battle simultaneously while working effectively in a new job, I would advise you to avoid the courts at all costs. Perhaps contact the South China Morning Post to highlight your story? You can't be sued for spreading 'viscious truths'. I do know how hard it is to let it go, but as one lawyer told us; "Channel your energies into your NEW job and NEW path, only destruction lies behind you". Best of luck to you.

What exactly are they accusing you of? What do they want from you besides the letter and not paying your wages?


1. If you are legally entitled to your wages then file a claim through the Labour Dept.


2. The fact that they want you to submit a written undertaking not to use their IP indicates that they don't have legal grounds to stop you from using the IP. What exactly are you supposed to acknowledge in your "acknowledgement letter"?


Your story is a bit emotional and I think it would be best to step back and find their core issues and see if there are any grounds for them to sue you and for you to recover your wages. The part about her not admitting the letter defamed you and talking to your fiancee is irrelevant - of course a party is not going to admit liability and your fiancee is not a party to the case and should not get involved or you will have more of he said/she said with no results.


Agree with carynbanker51 - don't drag this into court even if they are unjust and unfair. You will have difficulty proving defamation and resulting damages and your legal costs will probably be higher than your award, if any. I wouldn't even go to SCMP unless you want potential employers to be wary that you a troublemaker.


One last thought, I would stop being on the defensive and asking shouldn't you get a turn to present your side, etc. Better to be on the offensive and going after your wages and demanding to see documents, etc. so they become cautious dealing with you.