New Employer contract

ShaneCC

Hi,
I am about to sign a contact with a new employer but one of the stipulations in the contact is that I am not allowed to work in the same industry with any other employer if I leave this job.

Is that not against the law? Thanks in advance for your help!

Cork selfbuild

Its a Non compete clause - is legal if you sign it, people debate whether it would or would not be enforced... Is it worth the company pursuing you through the court if you leave to a competitor with the associated expense... depends. If it got to this you'd find it hard a judge agree with you. It does not go against your right to seek employment as you can go work in a different industry.

Is there a time length stated?

It came up in court before - non-complete-clauses

Ray Palmer

I thought I read something before that basically said non-compete clauses can only be applied to lawyers and doctors in a geographical sense. You can't set up your own office within a certain distance of your previous employer/partner.

Apparently there is a law in place specifically for these professions and maybe also architecture. Not sure of where I read it so could be wrong.

I really do see it from a company's point of view as people can easily pass on a lot knowledge to a competitor or can steal clients.

blindsider

Ray Palmer wrote: »

I thought I read something before that basically said non-compete clauses can only be applied to lawyers and doctors in a geographical sense. You can't set up your own office within a certain distance of your previous employer/partner.

Apparently there is a law in place specifically for these professions and maybe also architecture. Not sure of where I read it so could be wrong.

I really do see it from a company's point of view as people can easily pass on a lot knowledge to a competitor or can steal clients.

Data Protection laws should deal with this.

Is your area very specialised? If it's not, I wouldn't worry too much about it.

I'm not saying you should sign the contract knowing that you're likely to break it, but it is a fairly unreasonable clause in the first place.

If you're genuinely looking to stay in the job now, then you can feel free to sign it, and in good faith - who knows what will happen X yrs in the future?

Cork selfbuild

I would look at the time length specified on it and negotiate it down to say 12 weeks, also depends on what your notice period is...

Mr. Loverman

I would tell them I am not signing the contract with that in it.

They either remove it or I don't take the job.

If they refuse to remove it you can be pretty sure you're dealing with an employer who is going to cause you headaches.