Employment Lawyers Can Answer Your Employment Law Questions
Thanks you - will she be taking any of her previous clients with her, for example trying to poach them when she starts working for the new employer?
Post-termination restrictive covenants are a rather common occurrence in employment relationships. An employer would want to protect their business from a departing employee's knowledge, business connections, influence over remaining staff, etc. However, a covenant that restricts an employee's post-termination activities will be automatically unenforceable for being in restraint of trade, unless the employer can show that it was there to protect a legitimate business interest and did so in a reasonable way.
Legitimate business interests (LBIs) are commonly accepted to include:
An employer cannot apply a restrictive covenant just to stop someone competing with their business, but it can seek to stop that person using or damaging their LBIs by using a reasonably drafted covenant.
Non-competition covenants prevent an employee from working with a competing business or setting up to work in competition with their ex-employer. Such general restrictions are seen as a restraint of trade and will be difficult to enforce. They will only be seen as reasonable if in the process of working in competition, the employee uses trade secrets or sensitive confidential information belonging to their ex-employer, or their influence over clients is so great that such a restriction is necessary. The length of the restriction and its geographical coverage will also be relevant.
So if she is not going to be poaching any of her previous clients which the employer can claim belong to them and simply works for a different employer, minding her own business, even if that is within the restricted zone, it is unlikely the old employer can enforce this restriction in the circumstances.
yes a contract of employment is legal even for a 16 year old
But that should not matter, it is unlikely these restrictions are enforceable in the circumstances
you are welcome