Non Compete in contract

lincroft1710

adamjth said:

Grumpy_chap said:

It is quite unusual that the non-compete clause at Company A specifically lists companies x,y,z as the places where the OP is not to work.  Non-compete clauses are commonly rather generic and try to capture any company where A things it is competition.

There is also, often, a link to like work in the new companies.  It is also quite possible for the employee to have non-compete clauses assessed as too restrictive and therefore not enforceable.

What exactly does the non-compete clause say?

During the course of employment and for a period of 6 months thereafter, you shall not become engaged,  directly or indirectly as an employee, consultant, partner, principal, agent, proprietor, shareholder or advisor, in a Competing Business. A "Competing Business" shall mean the companies designated by the  Company on Appendix B to this Agreement. The Company may revise Appendix B at any time, and from  time to time, by adding names to, or subtracting names from, such list.

Appendix B lists 10 companies including X

That sounds very restrictive and if the employer tried to bring an action against the employee, they could well lose

adamjth

lincroft1710 said:

adamjth said:

Grumpy_chap said:

It is quite unusual that the non-compete clause at Company A specifically lists companies x,y,z as the places where the OP is not to work.  Non-compete clauses are commonly rather generic and try to capture any company where A things it is competition.

There is also, often, a link to like work in the new companies.  It is also quite possible for the employee to have non-compete clauses assessed as too restrictive and therefore not enforceable.

What exactly does the non-compete clause say?

During the course of employment and for a period of 6 months thereafter, you shall not become engaged,  directly or indirectly as an employee, consultant, partner, principal, agent, proprietor, shareholder or advisor, in a Competing Business. A "Competing Business" shall mean the companies designated by the  Company on Appendix B to this Agreement. The Company may revise Appendix B at any time, and from  time to time, by adding names to, or subtracting names from, such list.

Appendix B lists 10 companies including X

That sounds very restrictive and if the employer tried to bring an action against the employee, they could well lose

Thats what I think & frankly its restricting a persons livelihood.   I do get the need for a company to protect itself in certain situations ie. if the head of sales wants to move to a direct competition or a developer with a total knowledge of the IP wants to jump ship similarly.  My colleague is a regular support engineer and has the same in his contract I think they must have written one contract for all