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  • #983041
    Mrgraeme
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    Hi there,

    Has any would had any experience with getting a non-compete contract for employees to sign to prevent them from stealing customers/clients?

    If so, how did you go about getting one?

    Cheers

    #1140269
    Kennethti
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    Mrgraeme, post: 160178 wrote:
    Hi there,

    Has any would had any experience with getting a non-compete contract for employees to sign to prevent them from stealing customers/clients?

    If so, how did you go about getting one?

    Cheers

    It should be a term in their employment agreement.

    #1140270
    Mrgraeme
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    Kennethti, post: 160226 wrote:
    It should be a term in their employment agreement.

    Thanks for your reply. Should i get a solicitor to write this?

    #1140271
    Kennethti
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    It’s probably a good idea to – a non competition clause must be “fair” enough to ensure that you just want to protect your business and you are not depriving your employee from earning a livelihood.

    #1140272
    LucasArthur
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    Kennethti, post: 160240 wrote:
    It’s probably a good idea to – a non competition clause must be “fair” enough to ensure that you just want to protect your business and you are not depriving your employee from earning a livelihood.

    Hey Kenneth

    Love the reply.. so succinct,,, in a previous incarnation i was ‘advised’ to sign a non compete clause with exclusions etc etc although it was deemed unenforceable as my career was that industry and the clause prevented me from making a livelihood…

    Not sure how you work in the law.,,, too complicated, my head hurts if i ever try and ‘understand’… best left to the experts to draft this stuff up Mr Graeme…

    Cheers
    Jason ;)

    Jason Ramage | Lucas Arthur Pty Ltd | E: [email protected]   P: 61 3 8324 0344    M: 61 412 244 888
    #1140273
    PRO
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    Solicitor is a good idea.

    There are a huge number of cases on this over a long period of time.

    Need to balance what you want with what would stand up in Court. If you demand too long a solicitor will look at it and tell them that it is not enforceable anyway.

    D

    #1140274
    markn
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    Definitely get a lawyer. In a previous life I was an engineer and non-compete clauses were standard fare in all employment contracts that I signed. I found out later that most of what I signed was completely unenforceable and was nothing short of an attempted restriction of trade on behalf of my employers.

    #1140275
    AdamKreuzer
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    Hi Graeme,

    My company, World HR, provides fully outsourced ‘HR Department’ services to businesses of all shapes and sizes. One of our specialties is reviewing and safeguarding your employment contracts to ensure that the intent of the terms and conditions are in line with what you are wanting to achieve. For example, restraining employees from working with competitors etc. Really need to make sure the intent is accurate.

    If you would like us to help, just let me know.

    Cheers,

    Adam

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