Non Compete clause in my contract - Can it be enforced?

[Barwy]

Hello fellow PHers,

I've found myself in an enviable position with work. I've been headhunted by a direct competitor which happens to be in the very same town. They are offering a good package and it is the next logical step for me to take to progress my career. All good apart from one hitch, I have a restrictive covenant in my contract which tells me I can't work for a rival company. Obviously it's there for this very reason, to stop existing employees jumping ship and taking confidential information with them. But I was wondering have any of you guys on here been in a similar situation where a restrictive covenant applied to you. What did you do, wait patiently for 6 months before you start your new job, or ignore the clause and jump in to your new job with both feet?

I'm not management, but I'm not bottom of the pile. I have access to some sensitive information and a fairly key person in the structure of the company. Looking for advice as to how to handle the situation

[Barwy]

A lot of response to this thread, hopefully there's other people on the forum which have been following these very informative posts and it will help them out too.

BV if you don't mind I'll send you a PM containing the clause and some more detail, as I understand you are THE MAN when it comes to anything legal and I appreciate your input already.

Someone asked what the rival firm offering the job has done in terms of the non compete clause, they want to find a way around it legally rather than ignore it, they've got lawyers involved to offer advice on their side. The last thing I really want is to get wound up in all kinds of legal action and court proceedings etc. So I'm still considering whether the jump is the right thing to be doing.

[Barwy]

OP here,

Went ahead and handed in my resignation and was honest about who I was going to be working for (direct competitor), and no action was taken. Funnily enough, not even a "good luck" from the boss...!