Restraint of trade

[fanievb]

The new company he moved to will not be allowed to let his sell until February 2020.

The court ruled in his old Companys Favour.

A bit of a BS thing as far as Im concerned 

 

 

I am *very* interested to see the judgment. Anyway you can ask your mate to email it to me? I will pm you my email addy.

 

Thanks in advance!

 

I wouldn't mind having a read as well.

 

 

[Piernas Flacas]

Good morning, peeps. An update on this. My wife has managed to keep her job for at least 6 months until her company's finances are turned around. She agreed to reduced work hours and a 10% cut in salary, which was proposed to all staff, and it was also agreed that she won't have a RoT at the end of the six months if she decides to leave. So, a bit of a breather there... 

[gemmerbal]

ahhh, some good news on a Tuesday morning. LEKKER! 

[stefmeister]

Good morning, peeps. An update on this. My wife has managed to keep her job for at least 6 months until her company's finances are turned around. She agreed to reduced work hours and a 10% cut in salary, which was proposed to all staff, and it was also agreed that she won't have a RoT at the end of the six months if she decides to leave. So, a bit of a breather there... 

Good news I suppose.

Does she have a job offer pending though? If not, then something is better than nothing, but if she does have an offer, I would still jump ship and get them to drop the ROT. With a 10% reduction in income I believe the ROT would also not be enforceable. 

[Piernas Flacas]

Good news I suppose.

Does she have a job offer pending though? If not, then something is better than nothing, but if she does have an offer, I would still jump ship and get them to drop the ROT. With a 10% reduction in income I believe the ROT would also not be enforceable. 

She was considering talking to their competitors but she's too loyal. And I also think the RoT would be enforceable with a 10% reduction in salary. We're glad she'll keep her job for at least 6 months. It's the only income we have at the moment.

[dev null]

It's weird how in some areas of business people are struggling to find work. We are struggling to find people to fill positions. 

[Harryn]

I wouldn't mind having a read as well.

 

 

If I get it I will be sure to share [emoji106]

[HairyLegs]

If a company is in financial trouble, will they have the funds to pay lawyers to enforce a RoT?

[JanJan]

An extract from a contract for a design engineer.

 

I don't know to what extent it can be enforced..

[gemmerbal]

exactly. the residential construction market is booming as ever but commercial construction is basically idling.

 

(which industry are you in? i am in the job market)

 

It's weird how in some areas of business people are struggling to find work. We are struggling to find people to fill positions. 

[gemmerbal]

I have and always will make sure to make known my unwillingness to sign a contract with such conditions. I have turned down offers in the past because the conditions were restrictive. If you dont ask, you wont know. More often than not it gets relaxed if you raise the issue.

 

An extract from a contract for a design engineer.

 

I don't know to what extent it can be enforced..

[dev null]

exactly. the residential construction market is booming as ever but commercial construction is basically idling.

 

(which industry are you in? i am in the job market)

 

We are providing mobile devices and apps for the informal trader, and since 2 years ago, the formal trader market to sell prepaid airtime and electricity mainly. We also have other token services that is used by online betting companies etc.

 

Obviously very much centred around tech, development etc. We are always short of Java, C# and Kotlin expertees. Junior devs are not the problem, but getting tech leads are our biggest problem.

[dev null]

An extract from a contract for a design engineer.

 

I don't know to what extent it can be enforced..

 

Very much not enforceable. I had a similar contract that I refused to sign. As a design engineer you are a scarce resource with a very specific skill set. RoT makes more sense when you have direct contact with customers that will follow you when you jump ship.

[IceCreamMan]

All RoT's are enforceable but circumstances dictate the enforceability of each situation. Its impossible to make blanket calls.

 

But be aware, if you ever accept a sum of money or items in lieu of money or its conditional to yr initial employment you are more likely to be held to it.

 

Don't treat them with disdain, doing so will end in tears.

[gemmerbal]

yes, i like. my approach exactly.

 

Very much not enforceable. I had a similar contract that I refused to sign. As a design engineer you are a scarce resource with a very specific skill set. RoT makes more sense when you have direct contact with customers that will follow you when you jump ship.

[Harryn]

Very much not enforceable. I had a similar contract that I refused to sign. As a design engineer you are a scarce resource with a very specific skill set. RoT makes more sense when you have direct contact with customers that will follow you when you jump ship.

1. Whoa. When dispensing “legal” advice we are never this cocky or absolute. Especially when it comes to restraints. That restraint may well be enforceable if the employer can prove (at the time of enforcement) on a balance of probabilities, that the employee has gleaned customer connections and trade secrets which give him a springboard, and which will cannibalize the employer’s proprietary interests.

 

3. Restraints (actually all litigation) are never as simple as you think they are. We are not dealing with 1’s and 0’s here.

 

3. Stay in your lane.

 

4. As an aside, If you were so convinced the restraint clause was unenforceable, why did you refuse to sign it?