Prospective employer wants proof of non-compete restrictions

Prospective employer wants proof of non-compete restrictions

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fido

Original Poster:

16,796 posts

255 months

Tuesday 11th December 2018
quotequote all
A bit of an odd one. I left company X a while ago and the settlement agreement stated that I cannot work for a competitor until a particular date. That date has now elapsed but the recruiters says the employer wants actual evidence. What is the normal procedure in these cases - surely they can take my word for it (or I sign something to that effect)?

Mr Pointy

11,206 posts

159 months

Tuesday 11th December 2018
quotequote all
Surely you have the agreement in writing? If you do, just send them a copy. If you don't, then how were the terms agreed?

fido

Original Poster:

16,796 posts

255 months

Tuesday 11th December 2018
quotequote all
Mr Pointy said:
Surely you have the agreement in writing? If you do, just send them a copy. If you don't, then how were the terms agreed?
I have a draft document (Word format) which the solicitor printed out and I signed in front of him. I don't have a copy of the actual signed document.
Yes, I asked the recruiter to get HR/Legal to contact me and that hasn't happened yet .. to be honest i'm getting a bit tired of this and might ring the Hirer up directly! It must be a new trend .. first time I've been asked to show something .. either that or it's become a bit more 'competitive' (!)

Edited by fido on Tuesday 11th December 17:03

Mr Pointy

11,206 posts

159 months

Tuesday 11th December 2018
quotequote all
Maybe they got stung by a previous hire & don't want to go through it again.

Europa1

10,923 posts

188 months

Tuesday 11th December 2018
quotequote all
OP, bear in mind that the terms of the settlement agreement are probably confidential, so it may not be as simple as just showing your new employer a copy.

fido

Original Poster:

16,796 posts

255 months

Tuesday 11th December 2018
quotequote all
Europa1 said:
OP, bear in mind that the terms of the settlement agreement are probably confidential, so it may not be as simple as just showing your new employer a copy.
Definitely. I'll get my solicitor to chat with theirs ..

hutchst

3,699 posts

96 months

Wednesday 12th December 2018
quotequote all
Europa1 said:
OP, bear in mind that the terms of the settlement agreement are probably confidential, so it may not be as simple as just showing your new employer a copy.
Unless you're a woman. Or a Labour peer.

Jasandjules

69,867 posts

229 months

Wednesday 12th December 2018
quotequote all
Just ask your former employer if they object to the disclosure of those terms (they should not this is your new employer ensuring you are not in breach putting you both at risk of injunctions).... And yes plenty of employers will ask especially if there has not been a good duration of Garden leave..