Questions about non-compete clauses? Get free advice!

Questioner

Dear, I recently resigned. This was also confirmed in writing by my old employer. I therefore started working for my new employer on 1 September. Last week, however, I received a letter from my old employer in which he pointed out that there was a non-competition clause in my contract. He is now demanding more than €40,000. Is this possible? He had already approved my resignation without conditions. Yours sincerely

Lawyer

Much depends on the employment contract, your notice of termination and the written confirmation of the employer. It is not automatically the case that the employer, when agreeing to your dismissal, also agrees to the expiry of the non-competition clause. I advise you to contact an employment law specialist immediately. If your employer persists in the claim, then a procedure is reasonable. You can request the judge to set the clause and/or the fine at zero or to moderate it. A multitude of circumstances are taken into account, such as your specific knowledge of the company, the degree of competition, the limitation of your career opportunities, the costs that your former employer had to train you, etc. etc. etc. At most offices the first consultation (or part thereof) is free of charge. Please ask about this in advance. For further information, please feel free to contact me directly.