How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask taratill Your Own Question
taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
32019188
Type Your Employment Law Question Here...
taratill is online now

Hello when I left my previous company I had a non-compete clause

Resolved Question:

Hello when I left my previous company I had a non-compete clause for 2 years. Since leaving the part of the business i worked in has been sold, although I suspect the old firm has a share. Is the clause still enforceable?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today.

taratill :

Are you saying that your old company, the one you have the contract in, no longer does the business which is the subject of the clause?

Customer:

Hi Jenny

Customer:

Yes that is correct, the business, the customers and relevant staff now all work for a different company.

taratill :

Ok due to the laws on privity of contract only the company that you work with could sue you for breach of contract. If they no longer carry out the business you do then they would not suffer a loss if you do breach the clauses of the contract so from that point of view I think you are safe.

taratill :

In any event 2 years is a very long time to be subject to restrictive covenants. I think it is highly unlikely that a court would uphold a clause drafted so widely.

taratill :

A court will only enforce restrictive covenants insofar as they are not more widely drafted than necessary to protect a legitimate business interest.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the bes.t

Customer:

OK, so if they have retained a minority share following the sale - does that still allow them to exercise their rights in pursuing me?

taratill :

Only if they still have a business interest to protect.

taratill and 2 other Employment Law Specialists are ready to help you

Related Employment Law Questions