[Gllug] [OT] Non-compete clauses in employment contracts

Alain Williams addw at phcomp.co.uk
Fri Feb 4 11:38:27 UTC 2005


On Fri, Feb 04, 2005 at 11:28:45AM +0000, Doug Winter wrote:

> I was told they are generally enforceable by someone who seemed to know 
> what they were talking about so I could of course be completely wrong.
> 
> Non-compete clauses in employment contracts are definately enforceable 
> at some times though so I think "At the point yout employment ceases, 
> that contract ceases, and anything it contains, including non-compete 
> clauses, becomes invalid." is a red herring.

I think that the point is that a clause cannot prevent you from working.
So something preventing you from doing something highly specific (eg
writing the very same program that you have just been contracted to do) might
succeed, whereas something general (eg writing another e-commerce site)
would not - especially if that is where your best skills & so chance of
greatest employment lies.

> Anyone who cares should obviously speak to a lawyer :)
Who will extract lots of money from you and end up saying that it depends
on what the judge feels like, and invite you to pay even more money for
opinions from his social parasite friends.

-- 
Alain Williams

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