restrictive convenants in employment contract

[mariann]

I have one and I have just started a new job. They have asked me when offerig the job and I haev advised them, so that is fine.

 

However, my previous employer have just sent me an email stating that they have posted as well as emailed a letter to my new employer with the restrictions.

 

This is not a problem as I have told them anyway, but I have since left the new job as it was very junior, so looking for a new one.

 

I am wondering whether someone could recommend an employment lawyer, or could give me some advice, as I now have new interviews lined up and I am expecting that employer to send them a letter as well, therefore my employment may be jeopardised/restricted.

 

I have spoken to a lawyer friend, not an employment lawyer though, and he suggested to take it easy as the judge would probably be in my favour if it gets to that point.

 

This is because my job involves dealing with many customers who are on a database, and many companies in the industry I am in will have many of the same contacts/clients.

 

Therefore if I deal with a client it would not be because they are my old job's client' but because they are the new one's existing customers as well.

 

The restrictions seem to apply to the whole database which is about 20 000 people, not only the people I have dealt with. I also have no knowledge of who is actually on the database, as it is too large.

 

So my question is, if I get an offer which I then lose because of this, can I take the old employer to court. I have heard that for example if there is a notice period, and they make me work if which results in losing another new job, due to the timing, I can sue them for damages.

 

I do not want to sue anyone, my aim is to be able to get a new job and support myself. I have worked in an industry for the past 10 years and can not now suddenly find a totally different job/profession.

 

But would like to know my rights. Are these enforcable?

 

My colleagues have gone to comeptitors and have not been pursued, however I have been told that the restrictions have been posted to my new employers. Which has not happend to my colleagues who left.

 

Any help apperciated.

 

Mariann

[becky2585]

Yes, it's possible they can be enforced, but it depends on whether they are correctly drafted. I regularly advise on restrictive covenants and I would say around one third are actually enforceable.

 

You can't sue your employer for being unable to accept a job offer - the whole point of the covenants is to protect their business, so if you accepted the offer in breach if contract, they could actually sue you!

[Emmzzi]

please give us the wording of the covenant.

[mariann]

How can I give you the wording? Shall I copy it in here. I would prefer to send it to you by memo.

[Emmzzi]

probably best to copy it here, but remove anything that would identify the company? Then people other than me can help too

[mariann]

Thank you. Its a PDF so I am deleting the company name etc. and will then post.

[mariann]

attaching

Edited October 18, 2012 by mariann

[mariann]

Did not attach, I will type it in tomorrow. Many thanks