Restrictive Covenants - Again
Discussion
Sorry I know there have been a few threads. Just wanted to check if I am missing anything. I have a non compete. I understand these are enforceable if reasonable. From what I can tell mine is. Its for 6 months and restricts me only working for a direct competitor. I work in a fairly niche market and there are only a handful of other companies doing this. I have been approached by one of them.
I am in a senior position and almost certainly privy to confidential information. During a recent take over I was added to an "insider" list of people with knowledge about potential buyouts and was restricted from trading shares.
Seems like its a no go for me, as the only question is would they try and enforce it. I dont know, other people from my firm have left on gone to work at the other place, but I dont know if they had the same restrictions as me. Seems to that if they do decide to enforce it I will be buggered to the tune of no job and their costs.
Is it even worth engaging with a solicitor, or just politely decline the offer? I have other things on the go for other roles not at competitors and they just look a lot less stressful
I am in a senior position and almost certainly privy to confidential information. During a recent take over I was added to an "insider" list of people with knowledge about potential buyouts and was restricted from trading shares.
Seems like its a no go for me, as the only question is would they try and enforce it. I dont know, other people from my firm have left on gone to work at the other place, but I dont know if they had the same restrictions as me. Seems to that if they do decide to enforce it I will be buggered to the tune of no job and their costs.
Is it even worth engaging with a solicitor, or just politely decline the offer? I have other things on the go for other roles not at competitors and they just look a lot less stressful
Mr Pointy said:
Is the job attractive enough to go on gardening leave for six months?
If you tell your potential employer they may be able to offer advice or even to cover any legal costs, although I'd want any compensation awarded against you covered as well.
I assume you mean un paid garden leave, in which case it absolutely isn't.If you tell your potential employer they may be able to offer advice or even to cover any legal costs, although I'd want any compensation awarded against you covered as well.
I have mentioned it to the new place. They aren't based in the UK though so their knowledge of the law isn't perfect. They are thinking some things through so might come back with some ideas.
Starting to think though that there is a lot in for them if they can snag me, but I'm taking all the risk.
Mr Pointy said:
Is the job attractive enough to go on gardening leave for six months?
If you tell your potential employer they may be able to offer advice or even to cover any legal costs, although I'd want any compensation awarded against you covered as well.
Not that easy .... he may only have a months notice so thats 5 months sat at home with no pay, and also will the potential employer wait 6 months ?If you tell your potential employer they may be able to offer advice or even to cover any legal costs, although I'd want any compensation awarded against you covered as well.
Most employers will not want to go anywhere near this scenario.
Terminator X said:
What does the contract say will happen if you do work for a competitor within 6 months? If it isn't too bad perhaps JFDI?
TX.
Contract doesn't specify. But from what I have read online if they convince the court its appropriate then there is a court injunction preventing me from taking the job, and ignoring that is presumably contempt of court. I also believe I will be saddled with their costs.TX.
My current employer is a big American firm with significant financial backing so I'm pretty sure they won't be scared of lawyering up
superlightr said:
take up the new job offer in 6mths. Get another job for 6 months. There are loads out there. We had trouble recruiting new staff for just maintenance co-ordinator at £35k
What sort of salary are you looking at?
That is was I'm toying with. The other company are keen but I'm not on the stress.What sort of salary are you looking at?
The roles are VP Engineering so salaries are high. I have a couple of other options on the go.
You need to ask a specialist employment lawyer.
It was my experience that non competes can only be enforced if they're being paid - i.e. they put you on Garden Leave for 6 months on full pay. There is also the restriction of trade thing. Would your new employers wait for you?
But talk to a lawyer to get proper advice, it might be worth it.
It was my experience that non competes can only be enforced if they're being paid - i.e. they put you on Garden Leave for 6 months on full pay. There is also the restriction of trade thing. Would your new employers wait for you?
But talk to a lawyer to get proper advice, it might be worth it.
NDA said:
You need to ask a specialist employment lawyer.
It was my experience that non competes can only be enforced if they're being paid - i.e. they put you on Garden Leave for 6 months on full pay. There is also the restriction of trade thing. Would your new employers wait for you?
But talk to a lawyer to get proper advice, it might be worth it.
It was my experience that non competes can only be enforced if they're being paid - i.e. they put you on Garden Leave for 6 months on full pay. There is also the restriction of trade thing. Would your new employers wait for you?
But talk to a lawyer to get proper advice, it might be worth it.
Breadvan!
Mr Pointy said:
NDA said:
You need to ask a specialist employment lawyer.
It was my experience that non competes can only be enforced if they're being paid - i.e. they put you on Garden Leave for 6 months on full pay. There is also the restriction of trade thing. Would your new employers wait for you?
But talk to a lawyer to get proper advice, it might be worth it.
It was my experience that non competes can only be enforced if they're being paid - i.e. they put you on Garden Leave for 6 months on full pay. There is also the restriction of trade thing. Would your new employers wait for you?
But talk to a lawyer to get proper advice, it might be worth it.
Breadvan!Nor is he a PHer, as far as I know.
I'd see if the new employer would consider signing something guaranteeing the job in 6 months time, with a small cost of living payment to cover you in the interim.
If they want you that badly, I'm sure it's something they'd consider - but you'd likely be expected to commit in return.
If they want you that badly, I'm sure it's something they'd consider - but you'd likely be expected to commit in return.
Doofus said:
Mr Pointy said:
NDA said:
You need to ask a specialist employment lawyer.
It was my experience that non competes can only be enforced if they're being paid - i.e. they put you on Garden Leave for 6 months on full pay. There is also the restriction of trade thing. Would your new employers wait for you?
But talk to a lawyer to get proper advice, it might be worth it.
It was my experience that non competes can only be enforced if they're being paid - i.e. they put you on Garden Leave for 6 months on full pay. There is also the restriction of trade thing. Would your new employers wait for you?
But talk to a lawyer to get proper advice, it might be worth it.
Breadvan!Nor is he a PHer, as far as I know.
ts posting on subjects they know nothing about. Hence the tumble weed.Parrot coming your way.
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