# Leaving work for a competitor



## Gabriel (23 Jan 2009)

Hypothetical Question:

Does anyone know the legal implications (in reality) of leaving ones employment to go to a company which would be considered a competitor where ones contract of employment stipulates you cannot go to a competitor within x months of leaving?

From here:
http://www.citizensinformation.ie/c...ontracts-of-employment/contract_of_employment



> Specific provisions in contracts of employment
> 
> In recent times, some employers are adding in specific provisions in contracts of employment that limit the ability of employees to work in a certain sector, with certain suppliers, clients, for a period following termination of employment. (For example, it may specifically state that the employee cannot work in a certain sector, with or for suppliers or clients of the former employer, etc.). There is nothing in employment law in Ireland that strictly forbids this, but there is no provision in employment law that allows this either.
> 
> Essentially, this is an issue of contract law - that is, the contract of employment signed and agreed between the employer and employee. If you have any concerns about this issue, you are strongly advised to seek legal advice from a competent legal professional in advance of signing this contract. However, even if the contract is signed, you are always free to seek such legal advice. Solicitors' fees in Ireland can vary widely so shop around and obtain some quotes for legal advice before you proceed.



So it would appear to an issue of contract law as opposed to employment law.

I am hoping that some legal experts might be able to shed light on the reality of the situation in Ireland and if there have been cases already through the Irish courts.

Thanks.


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## eeyore2502 (23 Jan 2009)

My husband did the same thing over 1 year ago, the old company did get a solicitor to write to him telling him he will end up in court if he didn't stop working asap and was not allowed to work in direct competition for something like 6 months.  He showed this to his new job and they got the company solicitor to write back, the solicitor told him that contracts stating things like that are not worth the paper they are written on.  Its now over 1 year and we have not heard a thing.  

I don't know for 100% if the contract is not legally binding or not but he seemed to be ok!

Good luck.


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## Eblanoid (23 Jan 2009)

Some interesting cases in first link:

[broken link removed]
[broken link removed]


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## alaskaonline (23 Jan 2009)

if contract states it directly then it is usually binding. peter mark appearantly used to have such a clause to ensure their employees aren't running off when the next best offer came along. 
if it goes to court however, the judge will look at how reasonable it is for the current/ old employer to state such thing in a contract. if it's for the sake of keeping your employees one way or the other, than surely judge will rule against this contract clause. however, if you worked in a position where you dealt with very sensitive company information etc. than chances are, the judge rules in favour for the company. it really depends on what job we're talking about.

the cleaning lady in company x can work a month later in company y.
the software developer on the other hand....


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