Leaving for a rival company?
- Thread starter pioneer22
- Start date
As far as I understand a restriction like this is normally void as it is restraint of trade, unless your employer can convince a court that it protects their legitimate business interests and the time period is reasonable.
I'm not a lawyer so this is just my general understanding. I'm sure an HR lawyer will be along soon.
I'm not a lawyer so this is just my general understanding. I'm sure an HR lawyer will be along soon.
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I'm guessing this contract is so you don't take the " order book " or " contacts " book with you?
Ben
Ben
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Taking the order book or contacts is just theft or breach of confidentiality and (in my lay opinion) doesn't require restricting who you work for. That would be enforceable.
So I think the situation is likely they couldn't stop you working for a competitor, but if they discover that you carried out your intentions of stealing company information and using it for your new employers benefits, they would sue you for damages
So I think the situation is likely they couldn't stop you working for a competitor, but if they discover that you carried out your intentions of stealing company information and using it for your new employers benefits, they would sue you for damages
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Don't worry if the company will lose a lot of money they will find you, I can't them taking it easy.
Did you sign anything?
Did you sign anything?
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By phoning the customers and asking them?
Can you not start your own business, rather than trying to steal someone else's? You'll get in trouble you know.
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Frankly, you've got some gall, coming on here an employee and asking business owners if you can shaft the people who've put food on your table for however long it may be, would you agree?
You'll have a reputation as a sneak (if it even works, which I doubt) and why should your new company think you'll be any different with them?
Despicable.
You'll have a reputation as a sneak (if it even works, which I doubt) and why should your new company think you'll be any different with them?
Despicable.
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Sorry but you can't give that advice without asking for more detail.
There are circumstances (admittedly specific but valid) whereby the restraint of trade is perfectly acceptable and can be upheld.
I appreciate that you were open about it being your general understanding though
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As pointed out it depends on what kind of position you had at your current job. It is perfectly reasonable for instance to restrict a company CEO from being able to work at a competitors for 6-12 months. However it is unreasonable to say a McDonalds fry cook is not allowed to get a job at Burger King.
It depends on your salary, level of responsibility and access to company information on wether such a clause could be upheld and then it is likely to be decided by a court.
It depends on your salary, level of responsibility and access to company information on wether such a clause could be upheld and then it is likely to be decided by a court.
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1. is wasn't advice, it was a statement of my understandingSorry but you can't give that advice without asking for more detail.
There are circumstances (admittedly specific but valid) whereby the restraint of trade is perfectly acceptable and can be upheld.
I appreciate that you were open about it being your general understanding though
2. my understanding included the word 'normally' that wording was deliberate, my interpretation of 'normally' has implied exceptions (otherwise I would have said 'always')
I appreciate your feedback, and hope I have clarified to you my wording/
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I think this is the crucial bit - what your actual job is and what you'll be doing at the new place.
If you are in sales, for instance, and took all your contacts and clients to a rival company I would expect you to be on the receiving end of a letter from your current employer's solicitor.
If you've signed a contract agreeing that you wouldn't do this, why are you doing it? How would you feel if your employer broke the contract with you? I'm sure you'd be the first to complain if, for example, your employer decided to half the salary you had agreed in your contract.
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Regardless of anything above, a three year period is stupid and would never hold up in court it just shows a amature written contract
What on earth is he doing wrong in leaving one company for another and who said anything about taking company property, the OP certanly id not mention anything
What on earth is he doing wrong in leaving one company for another and who said anything about taking company property, the OP certanly id not mention anything
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Surely that's the only reason why a company would tie you into a contract??
Somebody wanted to leave my company I wouldn't mind, but if they could take some vital information with them, I would try my best to stop them.
Ben
Somebody wanted to leave my company I wouldn't mind, but if they could take some vital information with them, I would try my best to stop them.
Ben
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Chris, unfortunately the OP did say that he was going to take company property. But since the flaming has decided to edit his post to something less incriminating ... 'Last edited by pioneer22; Yesterday at 22:50. Reason: typo'
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Yup, op said that whatever the advice, he was going to take stuff anyway.
As roibot says, the posts have been not only edited, but completely changed.
It sucks.
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... deleted ...
ETA: I see that the OP has edited their post and they did intend to take something with them. I hope you wouldn't react in the same way if they didn't intend to take something with them.
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Well of course not. But I saw the post which said "I'm going to take it anyway".
I'm not going to pretend otherwise
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Hi Pioneer
A three year restriction, and a signed contract seems pretty serious to me. What position are you in, finance, sales? If you are taking info which has been implied above you may find yourself in double trouble with the new company and they may be just using you for this information. This could bite you in the bottom...
Is the new company asking you to sign anything?
There may be trouble ahead
A three year restriction, and a signed contract seems pretty serious to me. What position are you in, finance, sales? If you are taking info which has been implied above you may find yourself in double trouble with the new company and they may be just using you for this information. This could bite you in the bottom...
Is the new company asking you to sign anything?
There may be trouble ahead
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A far as my research goes Recruitment. I am guessing that recruitment which is all about contacts that it would be pretty comon for recruitment firms to try anyway to protect their interests and for recruitment consultants taking their contacts anyway.
I seem to recall they is quite grey area between company and personal property when it comes to contacts. Obvioulsy if you walk out the door with a disc then that is clear cut, but teh fact you have peoples names that you have been in contact with in a semi personal semi professional basis for years and you have their names in your personal filo fax is less clear cut.
I seem to recall they is quite grey area between company and personal property when it comes to contacts. Obvioulsy if you walk out the door with a disc then that is clear cut, but teh fact you have peoples names that you have been in contact with in a semi personal semi professional basis for years and you have their names in your personal filo fax is less clear cut.
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That's a nit strong. It's a two way thing with employees and employers........both need each other. Employers do not put food on the table.......they pay employees for services that they have done which puts food on the employer's table.
As for the original question. The OP has signed a contract (I assume) and so they should morally adhere to it. I refused to sign such a contract in the past as it was so open (they wanted to claim "all my ideas, schemes, sketches" etc. if I left.).
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It is a bit strong, I agree. Stockdam, did you read posts 2&3 before they were deleted and replaced with "that's fine, thanks for the information"?
It's like something off father ted. Hopefully the op will come back and shame me!
I wouldn't have said what I said for nothing sir
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