Can my ex employer stop me doing the same type of work?

Question

i was working for a security company and left 3 mths later they now say they are going to take me to court if i do the same type of work within 10 miles of them

Answer 1

Even if you had a contract they are hard to enforce. If you work in a particular industry it is very hard for an employer to stop you from using those same skills elsewhere. Most companies threaten lawsuits but rarely follow through. It is a scare tactic.

Answer 2

Firstly you could have got better advice if you had said where you worked & lived - what country?
Laws on employment vary immensely across the globe. For example, in Denmark the following applies: "The parties sometimes conclude what is called a covenant in restraint of competition (stipulation that an individual may not carry on a specified form of activity during a specified period of time and/or within a specified geographical area), accompanied by a provision stating the sum payable in the event of its contravention (agreed damages) which may be either a liquidated damages provision or a penalty provision (pønalstipulation). In accordance with such a covenant the employee undertakes not to enter similar employment elsewhere (until a certain period of time has elapsed) after leaving the enterprise. Since these covenants may constitute an unfair restriction on an individual's future employment, legal rules exist which make it possible to have a covenant moderated or set aside entirely. For instance, under §38 of the Contracts Act the conditions imposed such as the length of time for which the covenant is to run and the geographical area over which it extends may be relaxed if they are judged to be more than is strictly necessary to avoid competition or to be an unreasonable restriction on the individual's access to employment. "
As another respondent has said, it depends on whether you signed a contract agreeing not to carry on in the same trade within a certain area or within a certain time. In most countries, if the clause in the contract is seen to be unreasonable, a judge would rule it as unfair and unenforcable.
You need to go to your local Citizens Advice Centre, or Job Centre/Employment Exchange or equivalent, and ask them.
It may be the first time it has happened to you, but they will have come across it many times before.

Answer 3

Assuming you are in the UK (that's England to Americans), then clauses known as "restraint of trade" are very difficult to enforce. The courts take the view that despite signing a contract agreeing to such restraint, it is contrary to fairness or the public interest that someone can be prevented from carrying on their profession. Before a court would enforce such a clause, it would look at its reasonableness in the context of your profession, the opportunities that may exist in the area, and the commercial interests that the former employer is trying to protect. Typically, restraint of trade only works where there are trade secrets to protect such as unpatented research and development, and sales leads. Neither seems feasible in the security industry. Many employers use restraint of trade threats out of spite, and the costs of enforcement through the courts are disproportionate. I would disregard their threats, or do as others suggested and contact your citizens advice centre.

Answer 4

If you signed a contract saying that you would not seek employment as a security officer for a given amount of time in there vicinity should you leave the company, maybe. I'd call your State Department of Labor and tell them everything. If you are in the wrong, they will let you know. If you are in the right then you can file a greivance against them.

Good luck.

Answer 5

It sounds like you are talking about a non-compete clause. That could be in a contract you and the company had, or it may have been in the company's "standard terms and conditions of employment" that you agreed to when you were hired. If neither of those is the case, just ask them what's the basis for their threat to take you to court? Most states have laws of reasonableness in cases like this.

However, a rule about non-disclosure of customers or business methods is different. You will need to honor those rules, if they apply, regardless of any non-compete provision.

Answer 6

Did you sign an agreement that you would not seek the same employment upon termination of your present Job?..No!! then you can work any damn place you want as long as it doesnt have any connection to the last place you worked....

Answer 7

yes they can do that if you signed an employment contract. If you signed an employment contract that states wording in it that says NO employment can be sought out within a 10mile radius if employment with them doesn't work out...then they can sue you for breach of contract!

Answer 8

I don't believe this is possible unless you signed a legal document saying so. The citizens advice bureau should be able to help.

Answer 9

DEPENDS ON THE COMPANY THE CORPORATION I WORK FOR HAS IT FOR SUPERVISORS AND MANAGERS.IF I LEAVE THE COMPANY VERSES BEING FIRED I CANNOT GO TO WORK FOR A COMPETING COMPANY FOR ATLEAST A YEAR.THE WAY AROUND THIS IS YOU COULD BE LISTED AS A CONSULTANT AND THEY COULD NOT DO ANYTHING ABOUT THAT IT SHOWS YOUR WORKING INDEPENDANTLY FROM THE COMPANY

Answer 10

some contracts (if you had 1) can state that if you leave and they have paid for any training that you cannot do same type of work , and maybe have to reinburse their costs. i would check your contract and seek advise from CAB.