Mike A
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Only if you signed the contract |
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Willz
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Call ACAS on 08457474747.
They will give you free legal advice on employment matters like this. |
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confucious says
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Because you work in a specialised occupation and you say you are employed in selling specialised product this is normal. and believe me they can enforce this condition if you leave your present employment, and the financial penalties can be high. this is because you are privy to information that may or may not be useful to a rival company.
If you carry on with your choice you may find yourself at the short end of a law suit it is not advised |
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boishman
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I can't say whether it's legal, but I do know it's a fairly standard clause in most employment contracts, particularly in the skilled/professional sector. I've come across it personally on more than one occasion.
It does make sense, I think - companies need to have the right to protect trade secrets to a degree. Otherwise, what's to stop new employees learning how the company works and then buggering off to a rival after a few months? |
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Newgran
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I wouldn't have thought so.How can they stop you, what can they do to you if you no longer work for them
Phone ACAS for more detailed information on employment law.
google it for phone numbers |
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sarahdavis2007
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If you signed the contract - then yes - those contracts are legally binding - non-compete - contracts. A lot of companies have them because they do not want you to take your contacts to a competitor. |
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Medium Dave
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Standard non-compete contract.
It's to stop you nicking their clients when you leave.
It's quite common. |
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time for a change
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Yes they are. Its to do with you going off with clients or selling the product to someone else, I'm sure there is a bit more too it than that but thats the basics
I worked for an employment agency and it was the same. |
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Darren R
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If you're in the EU, they can't legally restrict your right to employment. However, you will need to be very careful regarding Intellectual Property. |
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mandy.warham@btinternet.com
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If its in your contract and you signed it, then it certainly looks like it but check with a union or employment lawyer |
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MUSH
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The best people to ask would be the company who have offered you the job...it doesn't sound like something that would stand up if you agrued it with a tribunal...
Its highly unfair...I would check with someone legal theres probably somewhere near you or that you call to get better advice..
There has to be some way round it they can't legally keep you to your contract after you've left the company |
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nealeclark
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If you signed the contract, yes they can. |
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Maid Angela
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Yes these contracts are quite common and of course you cant blame them why should they let you have experience in their technology and then take it elsewhere. Mind You I am not sure what they a can do about it. If they tried to get an injunction so stop you working for this other company they would have to show that you would be passing on information that would do them significant commercial harm. There is also the point that the company you are going to will probably know about that sort of clause and if you have broken it with one company then they may not trust you not to do it to them which could affect your promotion prospects |
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Feeling Mutual
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Yes, but they can't enforce it.
It is a legal contract, but say you worked for Union Oil at a gas station as a clerk, then you quit because Standard Oil offered more money.
No court would enforce it. Unless you are privy to some high level information, they won't even try. |
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D B
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yes and they can sue you if you break the terms that you signed. there are a lot of trades which insist on contracts like that these days mainly because you could take knowledge of your clients with you and then poach them.
you signed it you are bound by it. |
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Jennifer
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It depends on your state and local laws.
This page has a lot of great info on exactly this sort of thing.
http://jobsearchtech.about.com/od/laborlaws/l/aa042202.htm |
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Stuart F
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If it was in the contract of employment and you signed it then I am afraid so! |
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Barbarian
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Yes if you have signed an agreement, however if this stops you making a living or you have reasonable grounds, you can contest the issue. Obviously you have customer contacts which provide business to your existing employer and their fear is you might switch them over. |
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Pleasant Peter Perkins
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They can say it...but it is unenforcable.
Companies try this on to try and protect their operations from competitors...but they have no right in law. |
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