get out of non compete in reasonable way

saunaboy

Thanks all.
Think this is a case then of just playing it straight & saying end of Feb. At end of day if they can't wait that's a shame but just something that can't be got round.
I'm trying to say to them that by the time they get formal interviews done we could almost be at end Oct. Then say they appoint someone who will likely have 3 months notice then that's end Jan anyway.

theoretica

The other side of playing it straight - maybe worth a punt - is asking your old employer to release you from the non-compete clause, trying to persuade them that having you work for this competitor for an extra 3 or 4 months won't specifically harm their business.

Undervalued

theoretica said:

The other side of playing it straight - maybe worth a punt - is asking your old employer to release you from the non-compete clause, trying to persuade them that having you work for this competitor for an extra 3 or 4 months won't specifically harm their business.

Well he can certainly ask but there is no obvious reason why the former employer would agree. They felt it worth having such a clause and probably spent money on legal advice and having it drafted to be as watertight as possible. 

If I was the former employer as was asked to do that my immediate reaction would be that there was a significant conflict on interest?

saunaboy

Yeah non starter that. Wpuld be a response of "thanks for your honesty but no chance". My angle for original question was that the non compete was there to deter anyone looking for a move to a competitor.
If I have moved to a non competitor initially & then went on to move again, would a move 5 months after official leabe date (and therefore 8 months post resignation) be seen as reasonable?

Jillanddy

saunaboy said:

Yeah non starter that. Wpuld be a response of "thanks for your honesty but no chance". My angle for original question was that the non compete was there to deter anyone looking for a move to a competitor.
If I have moved to a non competitor initially & then went on to move again, would a move 5 months after official leabe date (and therefore 8 months post resignation) be seen as reasonable?

I think that falls into the "nobody could answer that" category again. But if the new employer was willing to wait say, until after Christmas (nearly there now anyway) I personally might be inclined to have forgotten the exact term and assume it was six months including the notice period of three months, not three months notice plus six months. After all, I am VERY forgetful, and I never keep copies of old contracts. That isn't exactly a defence, so don't depend on it - but for a month splitting hairs I might take a punt on it since it would be just as risky for them to take legal action on the matter for one month. Because bear in mind that such contracts can be unenforceable, many are, and they would be taking as much of a risk as you in trying to enforce it. I don't know what you do, but my friends husband has one in his contract for six months (they put them on garden leave for notice the minute they say they are going) - and he designs jet engines for military purposes, so his knowledge really is "secret", "valuable" and the contract enforceable. Nine months might be pushing it. But I emphasise that that is a guess, and not a promise.

saunaboy

Yeah that was my thought. Discuss some time about the Feb mark which would be 8 months since resignation & 5 months since physically going. Then just not make a song & dance about it. 
Then update LinkedIn etc few weeks after I started & on the 6 months mark.

I'm not a particularly important guy so I'd imagine nobody would care.

Obviously all irrelevant if new place needs someone in asap.

Jillanddy

If it isn't too much of a give away - what the hell do you actually do? Because that is going to be a major factor in any court case. If my friends husband went to work in Russia he'd probably be killed by the Secret Service I could understand the concerns. But that's quite a long time for most people and is more likely to be a restraint of trade. But like I said, that's a guess.

saunaboy

Program management in healthcare engineering. So x-ray equipment etc without being too detailed.
So I do know what is in development pipeline of last employer. BUT having me somewhere else after a while would have zero harm to ex employer - I'd simply be doing a slightly higher role in the other firm. Managing resources, costs, project priorities etc. So it is knowledge & know how that is the issue at hand, not any sales or clients leaking.

Jillanddy

That doesn't honestly sound worthy of nine months in limbo. A year is about the limit courts allow, and you'd need to be damned critical to uphold that.  I'm not insulting your profession, but you don't sound that important! I'd suspect they are pushing the boundaries too far. 

saunaboy

No insult taken! Honestly thought they were more of a deterrent & wpuld hope that taking a few months out to show respect for meaning of it (if not necessarily doing the whole 6 months) would keep me out of any risk.

Let's see I guess....