Non-compete agreement and prior work

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SueEllen replied

14 June 2012, 20:09
Originally posted by yasockie View Post

So the client is insisting that I sign non-compete agreement.
I am already working with another client, doing very similar work - they may want to target them as their client in the future.
Basically I told them:
a) I won't sign
b) even if I did, it won't stand in court

Am I right?

Nope - everything depends on the wording.

For example it would be stupid for you to sign a clause saying you can't work with a company that is already your client but the clause can be worded that you cannot work with different companies that aren't already your clients in the same field.
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northernladuk replied

14 June 2012, 15:24
Why on earth do you think a clause to protect business's interests won't stand up in court?

Do a search for handcuff clauses on here, not quite the same thing but still could be useful to read up on.

Devil is most definately in the detail though. If they word it badly or this wasn't a client before you signed etc there are lots of outs. Ask for the actual clause and get advice on the wording?

Many of these clauses can be worked around though. If what you are going to do doesn't actually affect anyone in the chain people will just ok them and not enforce. It is only when loss can be proved, financially or IP wise it can get nasty. Might be worth being honest with them about your situation and see if they will have a problem with it?

Last edited by northernladuk; 14 June 2012, 15:27.
Leave a comment:
Gentile replied

14 June 2012, 14:25
Originally posted by yasockie View Post

So the client is insisting that I sign non-compete agreement.
I am already working with another client, doing very similar work - they may want to target them as their client in the future.
Basically I told them:
a) I won't sign
b) even if I did, it won't stand in court

Am I right?

a) Yes
b) No. Not in the UK anyway; non-competes are generally honoured by the Courts here.
Leave a comment:
yasockie started a topic Non-compete agreement and prior work

14 June 2012, 14:23
Non-compete agreement and prior work

So the client is insisting that I sign non-compete agreement.
I am already working with another client, doing very similar work - they may want to target them as their client in the future.
Basically I told them:
a) I won't sign
b) even if I did, it won't stand in court

Am I right?
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