Resteicted covenance

Jennsabs81

How enforceable is a restricitve covenancr about working for a competitor . I have read it is highly unlikely it will be enforceable as i cant be stopped from earning a living 

sharpe106

It depends what you do and how you left your last job. They are not easily enforceable but they are enforceable. A company would only bother if the person leaving could cause them harm or had done when leaving.  A lot of company have it in contracts when in reality if the person left and went to a competitor it would not effect them really so they would not bother enforcing it. But if for example you are a accounts manager and were going to take a load of accounts with you they probably would.

TBagpuss

It depends on the wording of the covenant.
A restrictive covenant which (say) prevents you from working for a direct competitor for a limited time and within a limited geographical area is likely to be enforceable, one which seeks to stop you working for any employer in your field, for a long period of time or over a wide area probably isn't.

For instance, when I was an employee my contract had a restrictive  covenant preventing me from working for a direct competitor within 5 miles of my then employer, for a period of 3 months - it was designed to stop employees from 'poaching' clients, and as most likely enforceable. Having a similar covenant which purported to prevent me working anywhere within a 100 mile radius for 1 year probably wouldn't be enforceable.  I am aware of a former co-worker who did have to wait to start a new job - the new employers were made aware of the covenant and they took the view that it was enforceable, and they pushed his start date back to comply with the 3 month restriction. I suspect that they were right, as the covenant was reasonable and limited in both time and distance. 

kazwookie

Read what is says carefully,.

I once had one in a contract, and it basically said I wouldn't work for anyone with in a 30 mile radius..........not even shelf stacking, I refused to sign, the wording was adjusted, to stipulated names of direct competitors, I signed that.

Dox

Jennsabs81 said:

How enforceable is a restricitve covenancr about working for a competitor . I have read it is highly unlikely it will be enforceable as i cant be stopped from earning a living 

Don't believe all you read - and try reading the exact wording of your contract. If the limitation is fairly narrow (e.g. named firms, small geographical area, limited time) it is more likely to be enforceable.