You and Me Against the World

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"Why would they do that?" The Magistrate asked.

"Because, early on in his employ Mr Sedgwick approached Henry Hallston and mentioned that he had been approached to act as a consultant in the development of an improved system. Mr Hallston approached the company Board to seek approval for this to happen, but this approval was rejected on the basis that, they would not be a party to any development that was not exclusive to them. Henry entered into a private arrangement and cancelled the existing formal agreement between the companies involved. The Board accepted this arrangement as long as the financial agreements were maintained. When Henry Hallston retired he recommended that Richard Sedgwick be employed to replace him, but given the somewhat frosty relationship between himself and Hallston's his recommendation was overlooked and Ms Judith Cameron was employed in that position."

"Ms Cameron observed over time that, while he freely offered his input into the running of the business, this input was declined by management and the younger, less experienced Quantity Surveyors employed by Hallston's. While there was never any friction between employees, there was no inclusion of Mr Sedgwick, he was considered by the younger staff as a dinosaur, even though his understanding of the latest in computer technology was greater than theirs. Ms Cameron sought to find out more about the relationship between Mr Sedgwick and his regular clients, and it was during discussions that the clients encouraged them both to separate themselves from Hallston's and create their own Quantity Surveying company. So you see, this all came about because Hallston's failed to recognise that Mr Sedgwick had a lot more to offer the Quantity Surveying profession than they gave him credit for. Now they wish to prevent Cameron Sedgwick from carrying out business that was formed specifically as a result of their lack of appreciation for all of the work provided by Mr Sedgwick over the past twenty years. They have not increased his salary in the past five years even though, to attract new graduates they have offered, and paid, a higher salary. I don't think that they should be surprised that, having abused him that he should want to run away."

"While Hallston's concede that there could be some justification for Mr Sedgwick and Ms Cameron resigning from the company, the fact of the matter is that Mr Sedgwick was still an employee, and the employer/employee agreement states that any development made while employed by the company remains the property of the company."

"Be that as it may, if Hallston's had taken a closer look at that employment agreement they would have realise that, fifteen years ago it changed. Mr Sedgwick was not an employee of Hallston's, but a sub-contractor. While they continued to pay him, he provided, using his knowledge and expertise, a service. This agreement is, along with the memo from Henry Hallston to the company board, offering to allow Mr Sedgwick to act as a consultant in the development of a new and improved system, and the memo in reply rejecting that proposition is in this file." He passed it to the Magistrate. "We move to have the injunction lifted on the grounds that to maintain it constitutes a restraint of trade."

The magistrate read the files and looked at both Solicitors. "I rule that the injunction be lifted, effective immediately." His gavel dismissed both parties.

Tuesday night was party night at Judith's, and now my, favourite restaurant. Included was Geoff, Robert and Milton, along with their wives and five of the Builders employed by the Architects, those who were the ones that could drop everything at short notice to join us. The others would get together on Saturday for a barbeque at Milton's. A sign on the door, announcing that the restaurant was closed for a private function, kept any interlopers at bay.

At around 10:00 I tapped my glass with a spoon. "Could I have your attention please?"

"Who is this guy interrupting our party?" Someone asked. "Shush." Someone else said.

"Ladies and gentlemen."

"Where?"

"Ladies and gentlemen, I, we, Judith and I, have an important announcement. We are going to get married as soon as possible."

"Don't tell us that you have to?" Was heard above the cheers.

"No we don't have to, but we do want to." Judith said as she rose and stood beside me and I kissed her.

Wednesday morning, and a very seedy Judith and I called in to see an equally seedy Geoff Bridewell on our way up to our office. "I was pacing myself well until you made that announcement, and then I seemed to lose count of how much I had to drink. Luckily Lucy (his wife) was the designated driver, otherwise I would have had to call a taxi. Surprisingly enough she didn't give me a hard time this morning."

"We fully understand, we had to catch a taxi, we couldn't find Judith's car. We left it somewhere. You don't remember having seen it, do you?"

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39 Comments
stewartbstewartb4 months ago

I wasn't sure I'd like this story after the first couple of paragraphs ... but it began to appeal to me as I continued. I really appreciate the characters ins and outs as the relationship progressed. Well worth reading !

Ranger001Ranger0014 months ago

This is one of my "It's- time- to- read- it- again" preferences. And each time I read it, it improves!

dirtyoldbimandirtyoldbiman9 months ago

good story, thanks.

AnonymousAnonymous10 months ago

One of your most enjoyable stories.

AnonymousAnonymousabout 2 years ago

A great amusing and entertaining story. Well written.

A few years ago two of us left a business that we were sub contractors to and started our own business. We were told in court by the judge that the rights of a man to provide for his family far outweigh any non compete clause in a business contract.

He stated that in general a non compete clause is not enforceable and not worth the paper it was written on.

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