Dave Levy, our Branch President has posted a short article on contractual non-compete clauses at his linked in blog. He says, “Non Compete agreements usually have four dimensions. These are solicitation of clients, solicitation of staff and suppliers, and a prohibition on any work that competes with the ex-employer.”
The article looks at the reasonableness of these constraints and mentions the courts refusal to allow these clauses to prohibit people making a living. It looks at the imbalance of power between a departing employee and an employer; often senior staff with genuine insider knowledge will be put on extended gardening leave to ensure they don’t compete; this is rarely offered to junior staff.
Posted: 16th September 2024