contractual agreement

  1. #1
    carkey1610 carkey1610 is offline Junior Member
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    Default contractual agreement

    I am to leave my job by way of redundancy next month
    however my contract states that i am unable to contact companies i deal with for 6months to possibly obtain their business
    As the company is releasing me and i am not leaving of my own accord does this contrctual agreement still stand or am i once my employment is terminated be free to contact my customers accordingly
    Appreciate any information on this
    Thanks
    Carkey1610

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    carol ann guilford's Avatar
    carol ann guilford carol ann guilford is offline Regular User
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    Default Contractual Agreement

    If you contract has restrictive clauses that continue after you leave your employment and for whatever means, regretfully they still apply.

    You do not state what your position is and if you hold one that has access to customers and you take up a job that could detrimentally affect your old employer's legitimate business interests then they have every right to pursue you for breach of contract.

    Normally when such situations occur a mutual agreement can be made, i.e. if they put you on garden leave for your notice period, then you could agree that this reduces the restrictive period. Also, if you obtain a position and that new employer is not a direct competitor and you dont use your old company's IPR or confidential information, then another agreement can be made.

    However, be aware that companies do take action if they find that an ex employer has breached the agreement and the company is suffering as a result of your actions.

    You need to thoroughly read your restrictive clauses and talk to your employer about them and come to some arrangement.

    Also, it might be helpful if you ask your employer what is considered Company property (which might be in your contract and may not be) and what isn't because besides the restrictive clauses you are likely to have a post-termination agreement with regards to returning company property. This company property extends to anything the Company has that includes lists of contacts maintained in Outlook on an employer’s computer and other infromation stored on their computer systems as well as other electronic devices, such as Blackberrys.


 
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