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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22315
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi! I have recently only signed in with a new company (that

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Hi! I have recently only signed in with a new company (that is a competitor of a company i worked for before my last job - so there was about 8 months in between the rivalling companies). My previous employer had a whiff of where I was heading and found out that I would be assigned to a current client of theirs that I did some work for when I was in their employment. (I had no communications with the client. The assignment was made by the new company who talked to that client and the client has expressed their preference). They are pretty pissed off about this and I am worried they might make some steps legally.... I had a noncompete clause for 12 months but unsure if it is enforceable? Is this something that I need to worry about?

Chris The Lawyer :

Hi and welcome. My first response will follow shortly. Please feel free to follow up if anything is not clear.

Chris The Lawyer :

Non competition clauses for employees are difficult to enforce, and in the context of 8 out of the 12 months having expired this may be harder.

Chris The Lawyer :

They could try, but first have to get through fairly well known law on whether employees can be restrained at all, and then justify why they need to for the last 4 months. But while there is a risk, it is not too great in my view

Customer: Thanks for the quick reply. Are there any precautions or protection you think I should/can take at this point?
Chris The Lawyer : Discretion is the best path. Avoid dealing with clients you dealt with if possible until the remaining months are up
Chris The Lawyer : Keep a law profile otherwise and check if you have kept any records of clients, which you should not have done.
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