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Is a non-compete banning me from working in my area of expertise worldwide for a year valid?
I joined a company 4 years ago as an beginner in some very new technology. Four years later, it's all I've worked with, and I'm now an expert in this technology. Unfortunately my employment agreement states that I am prohibited from carrying out work, paid or unpaid, related to this technology worldwide for a year.
Is this enforceable? It's been my livelihood and I don't find it entirely fair to be blocked from continuing to pursue it.
Is this enforceable? It's been my livelihood and I don't find it entirely fair to be blocked from continuing to pursue it.
For a competition clause to be valid and reasonable, one should take the interests of the employer and the employee into consideration. Of importance is also the scope of the prohibition and the duration of the clause. The employee needs to prove it if the clause is too restrictive. For example if there is a concrete perspective to a new job, with better working conditions. Also, the non-competition clause should entail a limited scope. It should not be appropriately broadly formulated and too far reaching.
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