Non Competition/non solicitation clauses

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denali

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My understanding is that these are typically not very enforcable in the UK, particularly for periods in excess of 3 months or so.

Can anyone comment on how enforcable they are under US employment law (NY)?
 
This thread might be relevant:
http://www.analystforum.com/phorums/read.php?1,442632,page=1

They can be hard to enforce, but not unenforceable, and the higher up you are in the ranks, the more likely it will be for your former company to try to invoke it.
 
very often its the new company that would not want to take the risk to make u work whilst ur "under ban"
agree with numi that seniority increases the problem, exponentially
 
Such clauses are extremely hard to enforce and most companies do not try to enforce it. So, why have the clause in the first place? IMO, to scare you into thinking that you can't jump ship to a competitor.
 
coolcat, it can be a lot more than a scare tactic - as you move up in the ranks, it can become one of the most significant aspects of the contract.



Edited 1 time(s). Last edit at Wednesday, October 11, 2006 at 08:17AM by numi.
 
Thanks for your responses. I'm specifically interested in a comparison between their enforcability between the UK and the US though. MY (UK) contract currently contains them, but I think they are unenforcable as is--while I the longest-standing employee of a small company (8 people), I'm only an analyst and there are now in total three people more senior to me, and the period is excessively long (one year).

I will be transferring to our US sub soon, though, and my new contract will contain the same clauses, but be interpreted under US law. So my question is, will I actually be worse off with the same clauses but under US law?



Edited 1 time(s). Last edit at Wednesday, October 11, 2006 at 08:34AM by denali.
 
numi Wrote:
-------------------------------------------------------
> This thread might be relevant:
> http://www.analystforum.com/phorums/read.php?1,442
> 632,page=1

Thanks for the link--interesting thread!
 
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