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 Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3614
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

My sales colleague has received a threatening letter from his

Resolved Question:

My sales colleague has received a threatening letter from his ex-employer saying they are aware that he has contacted one or more of their clients (unspecified) and is barred from doing so for 18 months. This seems highly disproportionate (they are a large company) and my companies services could only be very loosely regarded as competitive. Should we ignore it or call their bluff by asking for the names of the clients concerned and why they think there is a competitive issue? Also, surely 18 months is unenforceable? (He has already worked for us for 6 months.)
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

Yes I would agree that 18 months as a restriction is probably unenforceable, but it would depend on other factors. For example how senior was he in the previous company? Did he have access to any commercially sensitive information? Was he paid a higher salary in lieu of such restrictions?

Kind regards

AJ
Customer: replied 3 years ago.

He was a senior salesperson, but not a manager or director. I doubt that he had access to anything more commercially sensitive than access to client lists etc., which I am assured he did not 'acquire'. There was no explicit extra salary or other amount paid for the restriction. His view, which on balance I think is fair, is that the two companies are not competitive - except that both are 'consulting' companies. However the type of work and expertise is very different and we have never been in a competitive situation with that company (ever).

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I cannot make any certain assumptions without seeing the restrictive covenant, but a restrictive covenant for 18 months in this circumstance seems commercially unnecessary.

Courts will only enforce such clauses if they have a commercial need otherwise they represent a restraint on trade and are anti competitive and un enforceable even if they have been signed.

From what you have told me this sounds like sabre rattling to me.

Kind regards

AJ
Customer: replied 3 years ago.

Thanks Alex, I agree - and also obviously understand your caveat.

Expert:  Alex J. replied 3 years ago.
No problem.

Please do not hesitate to contact me if I can assist any further.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3614
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions