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James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Consulting Principal at Nexus Law Group
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Is it legal employer to request an employee to sign

Customer Question

Is it legal for an employer to request an employee to sign a document that restricts them from leaving and going to work for a specifically named opposition company.
Submitted: 2 years ago.
Category: Australia Law
Expert:  James D. Ford replied 2 years ago.
Hi, your employer is able to take reasonable steps to protect their business, but they cannot go further than this... and they cannot prevent you from working and earning a living. If you are in a small town, and there are only 2 companies in your industry... and they restrict you from working for the competition.. this would likely be deemed by a Court as going too far... and be declared by the Court as void. There is nothing illegal about your employer asking you to sign a restraint document... but, you do not have to sign it, unless it was contained within the terms of your employment when you took the job offer. Even then.. there is the reasonableness protection that exists.. so you can still work and earn a living.. Kind regards, James