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Brisbane.Lawyer
Brisbane.Lawyer, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
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I have received a letter via email from my previous employers

Customer Question

Hi, I have received a letter via email from my previous employers lawyers asking me to sign an undertaking acknowledging my ongoing obligations under the restraint clauses which covers customers, service and products etc from my employment agreement with them. I have a copy of my agreement and am aware of my obligations and the period the restraints extend to. Legally, do I have to execute the undertaking or can I reply to the email confirming my awareness of my ongoing obligations ?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane.Lawyer replied 1 year ago.
Hi, I need to see your employment agreement, and their letter before being able to confirm the legal position for you. I will send you an offer of additional service, so that if you want to you can email me, and we can discuss the legal position via a short phone call. Without seeing the documents, you are most likely within your legal rights to do nothing.. as your previous employer really needs to specify the legal basis for their request... so that it is clear to you that there is a requirement stated somewhere that you must provide this undertaking. Assuming you do not work for them anymore... why would you need to provide such an undertaking... unless it is specified as a specific condition of your employment contract that you provide such an undertaking... generally, if one was required, it should have been sorted out at the time when you ceased working for your employer. Kind regards, James
Customer: replied 1 year ago.
My enquiry is on behalf of my son, I have all the documents, are you able to advise me on his behalf ?
Expert:  Brisbane.Lawyer replied 1 year ago.
Yes, as long as you have his permission to share his documents, and obtain advice on his behalf.. that is fine. Kind regards, James