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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Hello, If contract of employment has non-solicitation and

Resolved Question:

Hello,
If contract of employment has non-solicitation and non-competition clause for period of 12 months from termination of employment, is the employer required to pay employee compensation for loss of income or
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. What exactly does the non compete clause say?

Customer:

Hello,that the employee will not

Customer:

it say that employee will not (for the period of 1 year) either alone or jointly, or as manager, agent, consultant or employee of any person, firm or company, directly or indirectly acrry on or be engaged in any activity of business which shall be in competition with the business of the employer

taratill :

Does it give any geographical restriction?

Customer:

no, it doesn't

taratill :

What line of work are you in?

Customer:

accounting

Customer:

I work for accounting firm, dealing with clients bookkeeping and accounting, if I leave the employment I'd like to set up my own business

taratill :

Ok thank you. There is no legal obligation for the employer to compensate you for this, however restrictive covenants are only enforceable insofar as they are not drafted more widely than to protect a legitimate buisness interest. As there is no geographical restriction in your clause it simply will not be enforceable at all.

taratill :

You don't therefore need to worry about it as your employer will not be able to successfullly take action against you under the terms of this restriction.

Customer:

ok, thank you for your answer and good night :)

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