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NYLAWLADY
NYLAWLADY, Attorney
Category: Business Law
Satisfied Customers: 814
Experience:  15 YEARS IN PRIVATE PRACTICE BUSINESS COMMERCIAL LITIGATION
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I am one of 4 partners in a LLP and own 12.5%. The business

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I am one of 4 partners in a LLP and own 12.5%. The business is a training business. The other partners are trying to exit me from the partnership (not due to conduct or performance) but due to a change in direction of the business (Business trading for 18 months - I brought with me the clients and generated the sales during this period) and now its about operations and delivery Which they are saying I cannot contribute to given my skill set.

In my restrictive covenant - it states I am not allowed to work for as an employee or owner etc,etc in a competiting business (which equates to not being able to work within the training Sector) for 12 months (their are others about contacting clients, employees etc,etc - which I accept).

Is this fair and reasonable to restrict by ability to earn a living for this 12 months given I had worked in this field 7 years prior to joining ? or would this be deemed not fair and reasonable ?
Submitted: 7 years ago.
Category: Business Law
Expert:  NYLAWLADY replied 7 years ago.
No it is not and most courts would agree with you and strike that provision in the contract. YOu are correct you cannot be restricted from making a living. They can however prevent you from taking trade secrets or customer lists-this has been upheld in the courts as a violation, but the restrictive covenant provision has not held up. Is there anything else I can help you with? Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you. Positive Feedback always appreciated. These responses don't create an attorney client relationship
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