Friend of mine ids just about to change his job working for a competitor in his industry.
In his existing contract he has a 6 month covenant stopping him from working for a competitor.
Are these worth the paper they ae written on..? as surely u cannot deny a person working for a living......
2006-08-30 22:01:56 · 9 answers · asked by ztt_66 2 in Business & Finance ➔ Careers & Employment
Get a written legal opinion on whether the restrictive convenant is likely to be upholdable in a court of law. You might find that whether someone signed it or not is irrelevant if the restrictive covenant is unreasonable.
This is similar to what travel operators do when you book a package with them. They tell you what compensation you are entitled to as part of the contract. However, in law you might well find that these levels of compensation hold absolutely no status whatsoever.
2006-08-30 22:19:33 · answer #1 · answered by James 6 · 0⤊ 0⤋
Depends on the state. A state may have a strong policy against prohibitions to competition. It may also have a strong policy against something the employer is doing. For instance, your friend might be leaving because of a hostile work environment caused by unsavory things like drinking on the job or religious intolerance. Check with a local, emphasize local, lawyer.
2006-08-31 05:15:48 · answer #2 · answered by maeleoin 1 · 0⤊ 0⤋
Sure is, alot of companies today will train you or except you right out of college. But, they want a return on their investment.If the person accepted their terms and signed the contract . they are bound to the terms of the contract.Unless the company does something to breach the contract.
2006-08-31 05:14:45 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Sorry, if he's signed it then it stands.
A six month covenant would not be termed unreasonable by tribunals or courts.
In fact in certain fields it normal practice - it is in mine (legal profession)
2006-08-31 05:07:40 · answer #4 · answered by Dee 3 · 0⤊ 0⤋
your friend can go work for some other company in the same industry he is in, it just means he is forbidden to speak of any plans or any money making plans the other company had in mind. as long as he doesnt blab his old companys secrets then he will be fine x
2006-08-31 05:11:14 · answer #5 · answered by Mrs Paterson x 2 · 0⤊ 0⤋
I'm afraid if he agreed to the clause and signed it yes he cant work for the six months.
2006-08-31 05:09:20 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Its a legal document..... be carefull, if the new company contacts them for a reference....could be big trouble.
2006-08-31 05:07:33 · answer #7 · answered by Jenny O 4 · 0⤊ 0⤋
If he signed it then its legally binding.
2006-08-31 05:05:05 · answer #8 · answered by OriginalBubble 6 · 0⤊ 0⤋
yes very much so, he cannot wriggle out of it.
2006-09-03 13:35:23 · answer #9 · answered by Anonymous · 0⤊ 0⤋