Employment Law -Can they enforce this?
Discussion
Hi
I left my job as a office based sales manager for a roofing and solar company on 31/11/08 after serving out my required notice period. Yesterday i accepted a job at another solar company which followed by a phonecall from my previous company asking what i was doing as they had me followed!!!
i told them i would be accepting a job with them and they stated they had restrictive covenants in my contract saying i couldn't work for a competitor for a period of 6 months. i am pretty sure thus wasn't in my contract as it was introduced years after i had signed mine.
Worst case scenerio - can they get this enforced as there is no confidential information or clients that i can "poach" or "approach". i understand that these are not enforcable unless it proves it will affect the business of the company i have left. Being a sales/telesales manager selling a different type of solar panel (electric instead of hot water).
Are they just stirring it or can they actually enforce this?
many thanks for your help at this stressful time
I left my job as a office based sales manager for a roofing and solar company on 31/11/08 after serving out my required notice period. Yesterday i accepted a job at another solar company which followed by a phonecall from my previous company asking what i was doing as they had me followed!!!
i told them i would be accepting a job with them and they stated they had restrictive covenants in my contract saying i couldn't work for a competitor for a period of 6 months. i am pretty sure thus wasn't in my contract as it was introduced years after i had signed mine.
Worst case scenerio - can they get this enforced as there is no confidential information or clients that i can "poach" or "approach". i understand that these are not enforcable unless it proves it will affect the business of the company i have left. Being a sales/telesales manager selling a different type of solar panel (electric instead of hot water).
Are they just stirring it or can they actually enforce this?
many thanks for your help at this stressful time
Andy G Bmth said:
Hi
I left my job as a office based sales manager for a roofing and solar company on 31/11/08 after serving out my required notice period. Yesterday i accepted a job at another solar company which followed by a phonecall from my previous company asking what i was doing as they had me followed!!!
i told them i would be accepting a job with them and they stated they had restrictive covenants in my contract saying i couldn't work for a competitor for a period of 6 months. i am pretty sure thus wasn't in my contract as it was introduced years after i had signed mine.
Worst case scenerio - can they get this enforced as there is no confidential information or clients that i can "poach" or "approach". i understand that these are not enforcable unless it proves it will affect the business of the company i have left. Being a sales/telesales manager selling a different type of solar panel (electric instead of hot water).
Are they just stirring it or can they actually enforce this?
many thanks for your help at this stressful time
Hmmm - no such date as 31 November 2008. And you mention the event as having happened in the past tense. We haven't reached the end of November 2008 yet.I left my job as a office based sales manager for a roofing and solar company on 31/11/08 after serving out my required notice period. Yesterday i accepted a job at another solar company which followed by a phonecall from my previous company asking what i was doing as they had me followed!!!
i told them i would be accepting a job with them and they stated they had restrictive covenants in my contract saying i couldn't work for a competitor for a period of 6 months. i am pretty sure thus wasn't in my contract as it was introduced years after i had signed mine.
Worst case scenerio - can they get this enforced as there is no confidential information or clients that i can "poach" or "approach". i understand that these are not enforcable unless it proves it will affect the business of the company i have left. Being a sales/telesales manager selling a different type of solar panel (electric instead of hot water).
Are they just stirring it or can they actually enforce this?
many thanks for your help at this stressful time
Are you confused?
Restrictive covenants are only enforceable if it is reasonable. A blanket statement saying "you cant work in retail anywhere in the world for 2 years" is unreasonable. "You cant work for company x, y or z for 3 months after leaving" might be considered reasonable.
Personally, I would go for it anyway. They have to prove "material loss" to make any claim against you anyway. Very hard to do that IMHO.
Personally, I would go for it anyway. They have to prove "material loss" to make any claim against you anyway. Very hard to do that IMHO.
Dates are a tad messed up as Eric says..
However, restrictive covenants that can potentially stop you from earning are unenforceable, although they can make your life a bit awkward if they drag you through the courts.
You will have to be careful how you approach companies you have previously sold to.
If you have not signed a contract that has this clause in it, and your signed contract doesn't have a clause that allows the company to change the contract without your prior approval, then they are on a very sticky wicket
All usual disclaimers etc... apply.
However, restrictive covenants that can potentially stop you from earning are unenforceable, although they can make your life a bit awkward if they drag you through the courts.
You will have to be careful how you approach companies you have previously sold to.
If you have not signed a contract that has this clause in it, and your signed contract doesn't have a clause that allows the company to change the contract without your prior approval, then they are on a very sticky wicket
All usual disclaimers etc... apply.
Eric Mc said:
Andy G Bmth said:
Hi
I left my job as a office based sales manager for a roofing and solar company on 31/11/08 after serving out my required notice period. Yesterday i accepted a job at another solar company which followed by a phonecall from my previous company asking what i was doing as they had me followed!!!
i told them i would be accepting a job with them and they stated they had restrictive covenants in my contract saying i couldn't work for a competitor for a period of 6 months. i am pretty sure thus wasn't in my contract as it was introduced years after i had signed mine.
Worst case scenerio - can they get this enforced as there is no confidential information or clients that i can "poach" or "approach". i understand that these are not enforcable unless it proves it will affect the business of the company i have left. Being a sales/telesales manager selling a different type of solar panel (electric instead of hot water).
Are they just stirring it or can they actually enforce this?
many thanks for your help at this stressful time
Hmmm - no such date as 31 November 2008. And you mention the event as having happened in the past tense. We haven't reached the end of November 2008 yet.I left my job as a office based sales manager for a roofing and solar company on 31/11/08 after serving out my required notice period. Yesterday i accepted a job at another solar company which followed by a phonecall from my previous company asking what i was doing as they had me followed!!!
i told them i would be accepting a job with them and they stated they had restrictive covenants in my contract saying i couldn't work for a competitor for a period of 6 months. i am pretty sure thus wasn't in my contract as it was introduced years after i had signed mine.
Worst case scenerio - can they get this enforced as there is no confidential information or clients that i can "poach" or "approach". i understand that these are not enforcable unless it proves it will affect the business of the company i have left. Being a sales/telesales manager selling a different type of solar panel (electric instead of hot water).
Are they just stirring it or can they actually enforce this?
many thanks for your help at this stressful time
Are you confused?
mondeoman said:
Dates are a tad messed up as Eric says..
However, restrictive covenants that can potentially stop you from earning are unenforceable, although they can make your life a bit awkward if they drag you through the courts.
You will have to be careful how you approach companies you have previously sold to.
If you have not signed a contract that has this clause in it, and your signed contract doesn't have a clause that allows the company to change the contract without your prior approval, then they are on a very sticky wicket
All usual disclaimers etc... apply.
It's residential sales from warm data that have enquired to the company, so there is no on-going contracts that i could take with me.However, restrictive covenants that can potentially stop you from earning are unenforceable, although they can make your life a bit awkward if they drag you through the courts.
You will have to be careful how you approach companies you have previously sold to.
If you have not signed a contract that has this clause in it, and your signed contract doesn't have a clause that allows the company to change the contract without your prior approval, then they are on a very sticky wicket
All usual disclaimers etc... apply.
thanks for all the help
Andy
Eric Mc said:
Still dicey to take any such lists with you.
thats the point i was making - there is no lists to take and i certainly haven't taken any. i was with them for 6.5 years and helped them grow to where they are today so i wish them the best for the future but was time for me to move on.Andy G Bmth said:
Eric Mc said:
Still dicey to take any such lists with you.
thats the point i was making - there is no lists to take and i certainly haven't taken any. i was with them for 6.5 years and helped them grow to where they are today so i wish them the best for the future but was time for me to move on.The answer to your question is what your contract actually states.
To be honest this thread is useless as no-one can confirm either way without knowing that.
IMHO, if it is in your contract not to work for specifically another solar heating company within a certain radius, then you are pretty much bang to rights.
The kind of covenants which fail are the less specific ones. That said, this is pure and useless hypothesis without knowing the exact wording of your contract...
To be honest this thread is useless as no-one can confirm either way without knowing that.
IMHO, if it is in your contract not to work for specifically another solar heating company within a certain radius, then you are pretty much bang to rights.
The kind of covenants which fail are the less specific ones. That said, this is pure and useless hypothesis without knowing the exact wording of your contract...
there is a thread going elsewhere ..re wether you buy a car through the company..
and how do you offset the massive depreciation...
they say ..eric has alot of experience in tax matters..thats why i interupt/...
does any one know a good guy for tax matters particularly on this car issue...
and how do you offset the massive depreciation...
they say ..eric has alot of experience in tax matters..thats why i interupt/...
does any one know a good guy for tax matters particularly on this car issue...
baguaman said:
there is a thread going elsewhere ..re wether you buy a car through the company..
and how do you offset the massive depreciation...
they say ..eric has alot of experience in tax matters..thats why i interupt/...
does any one know a good guy for tax matters particularly on this car issue...
ehhh??? stares at you strangly, sipps my coffee, slipped that one in quietly ...... are you as smooth with the ladies young man??and how do you offset the massive depreciation...
they say ..eric has alot of experience in tax matters..thats why i interupt/...
does any one know a good guy for tax matters particularly on this car issue...
Edited by superlightr on Monday 24th November 15:05
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