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INFOLAWYER
INFOLAWYER, Attorney
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my ex-contract states during your employment and for a period

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my ex-contract states 'during your employment and for a period of 6 months following the termination of yr employment for any reason you shall not solicit or induce or undertake any act or permit any 3rd party to undertake any act likely or intended to induce any customer or client of the Employer ot the Firm with whom you have provided professional services during the course of the last 12 months of yr emploument to cease to patronise the buisness or premises of the firm and neither will you otherwise deal with or endeavour to take away such customers or clients. For the avoidance of doubt solicitation incudes but is not limited to telling the clients the identity of the new employer providing yr personal or new employers contact details to clients and /or allowing yr name or photograph to be used in conjunction with any advertising in the media.
Can I do a leaflet drop in my area for my own buisness now i have left 3 weeks ago?
Thanks Bernice Bradley
Submitted: 4 years ago.
Category: Business Law
Expert:  INFOLAWYER replied 4 years ago.
You should not solicit their clients for the time prescribed. That will be upheld. You cannot be kept from making aliving or competing otherwise.

A non compete is not favored by courts and often not enforced. It has to be narrow and limited, meaning reasonable as to time, space and scope. So for example, one for 5 years without ranging all over the city or worse without any space limit wont be enforced but one for a limited radius for a year is more likely to be.
Practically, employers often dont sue given the cost of litigation and likelihood of losing. They will be more likely to sue and seek lost profits and injunction if you take clients.
If possible, consider getting the employer to waive the non compete. many will do it.   
Customer: replied 4 years ago.

sorry could you put that in layman terms as that seems as compicated as the contract. Can i or can't i do a leaflet drop to make my living bearing in mind she hasn't paid me my wages or money i am owed for courses that i paid for via her.

Bernice

Expert:  INFOLAWYER replied 4 years ago.
If you are owed money, make demand and file a lawsuit. You should and can compete but dropping the leaflets where customers can read them can be viewed as a breach of the agreement so you should not do that.   
INFOLAWYER, Attorney
Category: Business Law
Satisfied Customers: 49083
Experience: LICENSED BUSINESS LAWYER
INFOLAWYER and other Business Law Specialists are ready to help you
Customer: replied 4 years ago.

is house dropping not allowed at the end of the day i don't know peoples addresses? How can I compete? Thanks Bernice

Expert:  INFOLAWYER replied 4 years ago.
If not geared or directed at his customers, it does not violate the agreement but practically speaking you would be safer and removing the chance of a lawsuit if you do not.   
INFOLAWYER, Attorney
Category: Business Law
Satisfied Customers: 49083
Experience: LICENSED BUSINESS LAWYER
INFOLAWYER and other Business Law Specialists are ready to help you

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