Held to ransom

Keynesfun

Hello people my wife has just handed her notice in with her company she has to give 3 months notice 
she is going to work at a competitor in her field and her contract states Once you leave to work for a competitor you can’t work for 6 months 
now it looks like the company might hold her to this without pay 
she has a 12 year old daughter 
so they expecting her to not work and earn money for the period of time 
the company our willing to wait for her 
but this surely wouldn’t stand up in court if the need arises 
opinion plz 
Steve 

CocoM2020

Can she not find work unrelated to her previous job until her 6 months are up? 

[Deleted User]

Keynesfun said:

Hello people my wife has just handed her notice in with her company she has to give 3 months notice 
she is going to work at a competitor in her field and her contract states Once you leave to work for a competitor you can’t work for 6 months 
now it looks like the company might hold her to this without pay 
she has a 12 year old daughter 
so they expecting her to not work and earn money for the period of time 
the company our willing to wait for her 
but this surely wouldn’t stand up in court if the need arises 
opinion plz 
Steve 

Why would she hand her notice in and move to a competitor knowing she couldn't work for 6 months? BTW, isn't it your daughter too? 

Keynesfun

I’m not saying she can’t but how hard is it to get a decent job 
she’s earned her right to Step up the ladder in her field 
I’m thinking no court would let them hold her to ransom in these times 
do you agree 

AskAsk

no opinion needed.  this is simply a matter of contract law.  her employment contract stops her working for a competitor for 6 months after leaving the company, i have seen this at 12 months for senior staff.

they are not stopping her earning a living, she just can't work in the same field for a competitor until the 6 months have passed.

Keynesfun

camelot1971 said:

Keynesfun said:

Hello people my wife has just handed her notice in with her company she has to give 3 months notice 
she is going to work at a competitor in her field and her contract states Once you leave to work for a competitor you can’t work for 6 months 
now it looks like the company might hold her to this without pay 
she has a 12 year old daughter 
so they expecting her to not work and earn money for the period of time 
the company our willing to wait for her 
but this surely wouldn’t stand up in court if the need arises 
opinion plz 
Steve 

Why would she hand her notice in and move to a competitor knowing she couldn't work for 6 months? BTW, isn't it your daughter too? 

She’s not my daughter no but we live together so pretty much 

Keynesfun

AskAsk said:

no opinion needed.  this is simply a matter of contract law.  her employment contract stops her working for a competitor for 6 months after leaving the company, i have seen this at 12 months for senior staff.

they are not stopping her earning a living, she just can't work in the same field for a competitor until the 6 months have passed.

I guess maybe we thought it would be a paid thing stopping her
But do you think the new company would have to pay her even though she can’t legally work for them 
obs I can’t see that because Iv never heard it done 
what can we do about it 

CocoM2020

Why would they pay her for doing no work for them? 

AskAsk

Keynesfun said:

AskAsk said:

no opinion needed.  this is simply a matter of contract law.  her employment contract stops her working for a competitor for 6 months after leaving the company, i have seen this at 12 months for senior staff.

they are not stopping her earning a living, she just can't work in the same field for a competitor until the 6 months have passed.

I guess maybe we thought it would be a paid thing stopping her
But do you think the new company would have to pay her even though she can’t legally work for them 
obs I can’t see that because Iv never heard it done 
what can we do about it 

i used to work in the consultancy field and this clause is actually very common in the contracts for senior staff and partners as the company does not want ex-employees to take clients with them when they leave.  stopping them working in the same field for a competitor was a secure way for the company to protect their client list.

you tend to also get this clause in contracts for companies that have intellectual property to protect as they don't want ex-employees taking intellectual knowledge with them from a project to a competitor, from a research project for example.

unfortunately there is nothing that you can do about it, except you could just do it and worry about any subsequent law suit if the old company decides to sue you.  if you haven't really caused them any damage, then they may not be able to claim damages.  not advice, so don't blame me if you do get sued 

KatrinaWaves

Keynesfun said:

AskAsk said:

no opinion needed.  this is simply a matter of contract law.  her employment contract stops her working for a competitor for 6 months after leaving the company, i have seen this at 12 months for senior staff.

they are not stopping her earning a living, she just can't work in the same field for a competitor until the 6 months have passed.

I guess maybe we thought it would be a paid thing stopping her
But do you think the new company would have to pay her even though she can’t legally work for them 
obs I can’t see that because Iv never heard it done 
what can we do about it 

No one ‘has’ to pay her. The new company certainly can’t be held responsible for the previous companies contract.

your wife could ask for a 6 month paid holiday at the start of her contract if she so wishes. Please let us know how that pans out. 

Keynesfun

Ok will keep in touch 
it’s early stages at the mo