Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I am happy to help you today.
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?
Yes that is correct, the business, the customers and relevant staff now all work for a different company.
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.
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.
A court will only enforce restrictive covenants insofar as they are not more widely drafted than necessary to protect a legitimate business interest.
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OK, so if they have retained a minority share following the sale - does that still allow them to exercise their rights in pursuing me?
Only if they still have a business interest to protect.