leaving jobs

izzieprest

Question for my partner.

Can an employer dictate who you work for after you leave their employment? It says in his contract (not that they stick to his contract) that he's not allowed to work.for a.similar company within 20 miles of.the place he's at but is that actually legal? He'd not be tied to that contract anymore if he left so its weird rules shouldn't count. Were trying to get an appointment at CAB but its pretty hard to do that Xxx

19lottie82

I don't know but I doubt it? Based on, if you did, what could they do about it? Maybe not give u a reference, but that's about it I would imagine!

izzieprest

hes worried they may try and sue him. the last 3 ppl who have left the company the boss has tried to sue, its a joke. the company make it impossible to work for them easily they make his life miserable. he gets shouted at if he doesnt finish a quote or a drawing so he has to stay late 9 times out of 10 yet they wont pay over time for this as its not been pre arranged, meaning he pretty much does an extra 5-10 hours a week for the same pay reducing his hourly wage dramatically thus meaning he misses out on time with our daughter as he has to travel 45 minutes in no traffic and a lot longer in heavy traffic. now they want to send him on a training course that will benefit the company but not increase his pay in france at the end of the month for a week... our 2nd baby will be due 3 weeks after he goes and they are saying he cant refuse to go:S our house is no where near finished either so we have no where to live. the place that have offered him a job came to him and asked him to join them hes not gone looking, they are offering more money, paternity pay, more holidays, company vehicle, and over time pay if he has to stay in busy times. his roll will be "project managing" giving him expereience on his CV for when he finishes his night course. the only thing stopping him going is the fear he will be sued its started to play on my prego hormones and now i cant stop crying lol. i know full well what is best for him but if i tell him he goes on a strop lol

sorry didnt mean to offload:(

CCFC_80

I wouldn't of thought it's legal, after all anyone who leaves a company for a new job is under no obligation to tell their current employers where they are going to be working.

scheming_gypsy

it's pretty common and it's so people can't just walk straight out of a role and into a competitor with the customer base.

hcb42

I think the criteria is something about they cannot write terms which would have him unable to work - many of us get a job at our competitors after all. (you want to see my industry, this term would be clearly unworkable!)

THat isnot to say they wont get nasty, make sure he is whiter than white on leaving, dont take anything with him that belongs to company esp client lists etc, and as the prev poster says, there is no requirement to say..he could have a career break etc...

I have to admit though: You dont say what he does or his salary but 5-10 hours a week is not a lot extra for most professionals, doesnt sound like he is on low wages. Also travelling overseas can often be seen as a perk and not an automatic right to pay increas.e


sounds like he prefers the sound of the new employer however, so good luck with it!

System

I think they can do this if they offer him a financial settlement e.g when he leaves they give him 20k on the proviso he doesn't work in the same field for a set period of time. That would form part of his contract though. However I would be very surprised if they can enforce this especially not for an indefinite period of time. There must be some employment laws against this!

Savvy_Sue

The employer has tried to sue 3 people previously - did he get anywhere with this?

If he didn't, I wouldn't worry.

Owain_Moneysaver

The employer can try, but courts are very reluctant to enforce terms which restrict someone's ability to work and unless the term is worded very carefully to be a reasonable restriction then the courts will throw the whole term out as unenforceable. If the term is without limit of time, then it would almost certainly be so arbitrary as to be unreasonable.

What is reasonable depends on the industry and location, as well as the position held.

Employers often have such terms in contracts in full knowledge they are unenforceable, just for deterrent effect.

Emmzi

as well as the 20 miles there should also be a period of time stated. That and the industry type will determine if it is unfair.

20 miles seems reasonable to me. Forces him into the next town over? but not out of the county.

izzieprest

hcb42 wrote: »

I think the criteria is something about they cannot write terms which would have him unable to work - many of us get a job at our competitors after all. (you want to see my industry, this term would be clearly unworkable!)

THat isnot to say they wont get nasty, make sure he is whiter than white on leaving, dont take anything with him that belongs to company esp client lists etc, and as the prev poster says, there is no requirement to say..he could have a career break etc...

I have to admit though: You dont say what he does or his salary but 5-10 hours a week is not a lot extra for most professionals, doesnt sound like he is on low wages. Also travelling overseas can often be seen as a perk and not an automatic right to pay increas.e


sounds like he prefers the sound of the new employer however, so good luck with it!

thats what i thought, i used to work for a energy research place and people were always joining from the rival and leaving to work for the rival. same with contract labs iv worked in, its not like hes going to poach clients as its one of those "word of mouth" buisnesses, and the new compant is a different "standard" of client. not really sure what that means but apparently it is lol

the over seas bit is just for training and coz his boss doesnt want to "leave his children" where everyone else has to and im not been funny but hell be leaving 28 days before our baby is due, selfishly im worrying about maybe having to deliver on my own if it comes early lol. xxx