Employee Contracts

[YehButNoBut]

Anyone know anything about how enforceable your contract with your employer is?

The company I work for has just lost a major contract to a competitor, this has put my job at risk. I had to sign a contract stating that I would not work for a competitor for 6 months after leaving my present company.

However, through an employment agency the competitor who has won the contract has approached me about working for them but have been put off due to the 6 months competition clause.

Not sure if I should just say stuff it and move to this company as the contract will not be enforceable or they could drag me through the courts if I do.

Anyone know anything about this type of contract?

[Beefster]

I'm no expert but I'm pretty sure I've heard of the individual and the company they moved (because they knew about the contract) to having legal action taken against them in cases like this.

Now that they are aware of the agreement, would the other company still employ you?

Couple of links that might be able to inform you better:

http://www.roydens.co.uk/content09.htm

http://www.i-resign.com/uk/resignationkit/employment_contract.asp

http://www.lindermyers.co.uk/are-restrictive-covenants-enforceable_751.html

http://www.charlesprice.net/article7.php

[Twa Cairpets]

First, get legal advice about the legality of your specific restrictive covenant. The wording of it coupled with the circumnstances may allow you to move without issue, especially as they approached you. There are grey areas regarding the restriction on you being able to earn money which may not be enforceable beyond the period of your contractual notice.

Make sure you keep a clear paper trail and record of any communications between you and the potential new employer.

But above everything, get professional advice.