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tmy227552014-03-24 10:38:05
Law in IT
tmy22755, 2014-03-24 10:38:05

Is the contract legal?

Hello. In the employment contract with the employer, I have something like this: "I undertake not to work with the company's customers after my dismissal for n years."
Is it legal? Is this clause still valid after termination?

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3 answer(s)
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lookid, 2014-03-24
@tmy22755

In any EA-Canada, it is forbidden to work for competitors for a year after dismissal. But how this is tracked is unknown. By activity in LinkedIn? And if the employment contract is terminated, then you can already do whatever you want (within the framework of the criminal code). So this is the usual intimidation, which will spoil your rating in the company at most.

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Smittyperm, 2014-03-24
@Smittyperm

Looks like bullshit. Do you really think that the former employer will win the court on the basis of the clause (Which limits your rights to freedom of choice of the employer) of the already terminated contract?
Above is correct. There can be any nonsense in the contract, like an obligation to shoot yourself in the knee when moving to a competitor, but this has nothing to do with reality. Especially after being fired.

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Sergey, 2014-03-24
@bk0011m

It's not about legality, but about your signature on the contract. If the signature is worth it, then with a probability of 99.9% the law will be on the side of the employer.
If you don't have a signature, don't sign.

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