Non compete clause in employment contract

SATSUMA

Hi all,

I am looking at an employment contract which has a non compete clause. It stipulates (in summary) that the employee once terminated cannot compete within the same "geographical area in which the business operates" as the business for 9 months. The business is based and registered in Dublin but provides services throughout the entire country, but mostly in Dublin.

My question is, how is the geographical area defined? It in effect rules out the entire country. Is this covenant enforceable?

Thanks

nuac

Mod
Sorry cannot give legal advice here./
Leaving open for general discussion subject to forum rules

work

SATSUMA wrote: »

Hi all,

I am looking at an employment contract which has a non compete clause. It stipulates (in summary) that the employee once terminated cannot compete within the same "geographical area in which the business operates" as the business for 9 months. The business is based and registered in Dublin but provides services throughout the entire country, but mostly in Dublin.

My question is, how is the geographical area defined? It in effect rules out the entire country. Is this covenant enforceable?

Thanks

Not legal advice but get some. My understanding is a non compete clause cannot prevent your making a living and is generally very limited. I seriously doubt this has any value. Again chat to an employment expert

Glass fused light

SATSUMA wrote: »

that the employee once terminated

Employment is terminated
= leaving for any reason

Employee terminated = sacked

Words and clauses make a difference

So legal advice from someone in employment field would be a must

SATSUMA wrote: »

"geographical area in which the business operates" ...provides services throughout the entire country

So the region is Ireland

SATSUMA wrote: »

9 months.
Is this covenant enforceable?

The covenant is only enforceable 2 ways

1 via the courts
The courts will not restrict an individuals ability to earn a living
Its a balance between the employees rights and employers rights
And is there gardening leave built in to compensate for loss of earnings?
The higher up the management chain you go the longer and broader the restriction of the covenant would be held reasonable
1 of 200 entry level guys v
Sales director with all the clients

So is the company willing to pay for a court case?



2 via pressure applied to a new employer
Is the new employer willing to be included in litigation to get the new employee

SATSUMA

Op here

My understanding is that the geographical area in any non compete should be defined otherwise the clause is invalid due to it being nonspecific and detrimental to the person seeking to earn a living.

GM228

Read this post on the issue:-

https://www.boards.ie/vbulletin/showthread.php?p=110679633

SATSUMA

GM228 wrote: »

Read this post on the issue:-

https://www.boards.ie/vbulletin/showthread.php?p=110679633

Thanks GM228 really helpful. Appreciate it.