When you move to a new role, post-employment restrictions can create significant hurdles. While these clauses are often included in contracts to protect an employer’s interests, they are not always legally enforceable.
Hall Payne Lawyers helps you understand your obligations, providing a clear assessment of whether a restraint is enforceable and practical advice on navigating how it impacts your future career.
It is common for employment contracts to include post-employment restrictions such as non-compete clauses and non-solicitation rules. These are usually designed to limit your ability to work for a competitor or reach out to former clients for a specific period. However, the law recognises your fundamental right to sell your own labour and trade freely. Because of this, courts interpret these clauses strictly, requiring an employer to prove that a restriction is no broader than what is truly necessary to protect a legitimate business interest.
Hall Payne Lawyers specialises in this legal area, examining the duration and geographic reach of the clause, and the specific nature of your role and the employer’s’ business interests to determine exactly where you stand. Whether you are planning to start your own business, moving to a competitor, or navigating an executive termination, we provide the clarity needed to proceed safely.
If you’re concerned that a non-compete or other restraint clause is too restrictive, we can provide a clear legal assessment of your options.
These answers help to illustrate how post-employment restrictions work and what happens when they interfere with your career goals.
Not always. A court will generally only enforce a restraint if it is reasonably necessary to protect certain types of interests held by the employer. If the restraint period is too long, or covers too wide an area, or stops you from working in a way that doesn’t actually harm your old employer, it may be challenged.
Sometimes the way that your employment was terminated can affect the enforceability of your post-employment obligations. We review the circumstances of your departure to see if your employer can still legally hold you to those restrictions.
A non-compete tries to stop you from working for or in a rival business, while non-solicitation tries to prevent you from poaching clients, customers, suppliers or staff. If your employer is accusing you of breaching these clauses, it’s vital to get legal advice before responding.
Your former employer may take legal action, such as seeking an injunction, to try stop you from working in your new role or otherwise breaching restraint. Before taking a risk, speak to our team to arrange an appointment. We can often negotiate with your former employer to reach an outcome that satisfies both parties, such as through workplace mediation.
The best time to deal with a restraint is before you start. We provide individual contract support to ensure that any post-employment rules are fair from the outset. This adds a layer of protection against future or exit complications.
Let us handle the legal details, so you have the freedom to pursue your next role with clarity and assurance.
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