Employment Law - Restrictive Covenant

[r6blacky]

My employer recently handed out revised terms of employment which now includes a restrictive covenanant. I don't intend to sign it as it will seriously effect my ability to move to a new position.

If I don't sign it and hand in my notice now can this restrictive covenant be enforced?

Any advice would be greatfully received.

[davepoth]

No, if you resign because you've not signed it there's no way they can enforce it.

[NickHKent]

Read your contract carefully, does it allude to any convenants or the company "owning" intellectual property?

I've been whacked with these in the past and it was a real PITA.

[deckster]

r6blacky said:

My employer recently handed out revised terms of employment which now includes a restrictive covenanant. I don't intend to sign it as it will seriously effect my ability to move to a new position.

If I don't sign it and hand in my notice now can this restrictive covenant be enforced?

Any advice would be greatfully received.

If this is true, then it's almost certainly unenforceable. Whilst restrictive covenants are intended to give a measure of protection to a company, your right to work is considered more important in law. If you post up the exact wording we will be able to give better advice - it is actually very difficult to word these things correctly and a badly drafted covenant is not worth the paper it's written on.

[anonymous-user]

deckster said:

r6blacky said:

My employer recently handed out revised terms of employment which now includes a restrictive covenanant. I don't intend to sign it as it will seriously effect my ability to move to a new position.

If I don't sign it and hand in my notice now can this restrictive covenant be enforced?

Any advice would be greatfully received.

If this is true, then it's almost certainly unenforceable. Whilst restrictive covenants are intended to give a measure of protection to a company, your right to work is considered more important in law. If you post up the exact wording we will be able to give better advice - it is actually very difficult to word these things correctly and a badly drafted covenant is not worth the paper it's written on.

this is correct. Although if they pay you for that period they could possibly enforce it, generally though they're widely drafted and mostly unenforceable