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Post-termination clauses enforceable?

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    #11
    Originally posted by northernladuk View Post
    Not really an angle. It's the legal situation so a slam dunk for you.
    I know of one other result that legal action can result in. It's possible for a judge to agree to a cease and desist notice meaning that the contractor simply CANNOT work for the client for a period of time.

    It's not common, but is the only recourse if the injured party cannot prove any financial loss.
    The worst case scenario then is that the OP has to stop working but it'as highly unlikely and a judge would likely consider it a petty action being taken.
    See You Next Tuesday

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      #12
      Seen this happen before, and in the example I know about the contracts were checked by a lawyer and they only stopped the limited company going back to the client without using the same agent. the individuals were clear, so it was a simple case of setting up new limited company and away you go.

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        #13
        Lance - very true but that's only if it goes legal and there is no chance that's going to happen

        CoolCat - Weird that. I would have thought fighting the clause would have been better as its unlikely to stand up in the OPs case and starting a new company opens a new can of worms where they can pierce the veil. I don't think opening a new company properly addresses the legal situation but instead is a get away with it tactic if that makes sense.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

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          #14
          Originally posted by riffpie View Post
          My agency is the little guy, I'm guessing they aren't up for this fight, especially if, as I think, I'm their only placement here.

          Thanks for all the replies, it sounds like there's little to worry about.
          If your agency is the little guy, then make sure you get paid promptly all the way through to the end of the contract. If they are doing no further business with clientco, you'll be potentially forgotten about or your last two weeks used as their compensation. Be prepared to wait for your cash but not for long.
          The greatest trick the devil ever pulled was convincing the world that he didn't exist

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