Is a 12 month restrictive covenant enforceable?

Each case will depend on its own facts, but Courts are generally reluctant to enforce covenants with a duration of more than 12 months. As a general matter of market practice, this period is often far shorter (3 to 6 months) for more junior employees.

Can I apply for job in my clients company?

You should go through the terms and conditions of appointment letter of your present company before joining the client company. If it has some restrictions as per the terms of appointment, you should consult an advocate.

How legally binding are restrictive covenants?

How enforceable are restrictive covenants? The general position is that post-termination restrictive covenants are void on public policy grounds as being in restraint of trade, unless they are being used by the employer to protect a legitimate business interest.

Can an employer harass you into quitting?

Quitting can jeopardize your legal rights. Supervisors may use harassing or intimidating behavior in an attempt to force employees to quit. This is called “constructive termination” and while illegal is often very difficult to prove.

Can I contact my former employer’s customers before leaving my job?

That would almost prove you have done wrong, and thus should be carefully avoided. 4. . . . AND, TOO, you are surely not permitted to start contacting your former employer’s customers before you leave your job while working for your former employer . . .

Do you have to go back to work if you quit?

This one is complicated, but generally, if your company says you have to return to the workplace, you have to go back if you want to keep the job. “Workers have a very limited right under the law to refuse work they consider to be hazardous to their health,” Berkowitz says.

Can clients be served by anyone they want?

Clients are free to be served by anyone they choose. But employer’s own two “aspects” of clients that employees simply cannot take with them: the first is client information. You simply cannot take client information out of your firm: that’s theft.

What happens when you leave a company you work for?

After you leave, you’re free to compete, that’s simply “free enterprise” at work. But even here be careful: you’re not free to openly criticize your old firm, only to offer the good services of your new, “better” firm.