I have a clause in my employment contract saying I can’t leave to go&work for a current client for within 12m?

I am trying to find out (a) is such a clause enforceable by law or is it effectively a restraint of trade and (b) is it applicable legally if I am currently under a notice of redundancy period

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5 Responses to “I have a clause in my employment contract saying I can’t leave to go&work for a current client for within 12m?”

  1. michelob86 Says:

    It is enforceable, and what would happen, if the company wants to, is get a court to fine the other company.

    Unless you’re a high official, or have company secrets, usually it doesn’t come to that.

    I’d let the other company know about it, however, before employment and let them decide if they want to take a risk on you.

  2. www.scapegoatz.com Says:

    It is enforceable known as a non compete clause.

  3. Michael C Says:

    The enforceability of non-compete contracts can vary widely depending on where you live. If you do not leave the company of your own accord, then frequently any non-compete will become void as they can not stop you from making a living.

  4. infinite crisis 247 Says:

    on paper, it is enforceable. in practice, most companies will not choose to go after you…especially in termination or "lay off" type of situations. enforcing a noncompete clause can be a public relations nightmare.

  5. bcnu Says:

    Yes, a non-compete clause may be enforceable in your jurisdiction, except California. The company that wins an injunction against you can also be ordered to pay your wages for the period in which it enforces the contract (which deprives you of making a living). You can also attempt to obtain a written waiver or release from the contract for a particular job with a particular client (or competitor) during the limitation period. That way your employer can decide if it’s willing to take the risk of having to pay you even after you’re redundant.