Non-competition clause

Questioner

I resigned from my current employer, a care farm for the elderly, at the end of October 2023, where I perform the function of manager of welfare and guidance. After completing the training as a dementia case manager, I decided (partly because of this) to start working in the function of dementia case manager at another employer. When I resigned from my current employer, I received a confirmation of dismissal. I still had to work for two months (until January 31, 2024) and I am doing this properly. However, the working atmosphere is unfortunately getting worse. After a difficult phone call this morning (about confirmation of what to pay back for a training course) I was told that they are investigating whether there is a non-competition clause. Can they still recover this from me? Last year in June I completed the training to become a case manager dementia. I was allowed to perform this function partly at the care farm, but this was never adjusted in my contract.

Lawyer

It depends on the specific details of your employment contract. If there is a non-compete clause in your contract, your former employer can in principle enforce it. A non-compete clause is an agreement between an employer and an employee whereby the employee agrees not to enter into employment with a competing company or to start a business in the same sector after the end of his contract. It must be agreed in writing and with an adult employee to be valid. It is also important to know that even if there is a non-compete clause in your employment contract, the court can mitigate or annul this clause if it places an unreasonable burden on the employee. However, this depends on the specific circumstances of your situation, such as the position you have held and the position you now wish to hold, the interest of your former employer in enforcing the non-compete clause, the duration and geographical scope of the clause, etc. In your case, if there is indeed a non-compete clause in your employment contract, it would be up to the court to assess whether this clause can be enforced in these specific circumstances. While I understand that moving to a new role as a dementia case manager may be a logical career move for you after completing your training, it is possible that your former employer may view this differently, particularly if your new role is with a directly competing company. To protect yourself, I would recommend that you seek legal advice from a specialist employment lawyer who can review your contract and give you a better idea of ​​your legal position. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.