Do My Post-Termination Restraints Still Apply?

[beautifulpomegranate]

If a business has ‘closed’ and is now operating under another ABN and you have terminated your contract with them and not re-signed a contract under their new ABN/name, do your non-solicitation and post-termination restraints still apply?

 

[Tim W]

Phoenixing a business is very often unlawful anyway.
I do not see any court allowing a phoenixed business to enforce a restraint clause.

 

[Rod]

do your non-solicitation and post-termination restraints still apply?

Maybe. Restraints are very fact specific and no general rule is able to answer the question. If really concerned call our office and arrange a consultation.

 

[Martis]

Ahhh post-termination restraints — the classic “can I actually do my next gig without getting a Cease & Desist?” 😅 Always more nuance than most peeps realise: scope, duration, geography, and how “reasonably necessary to protect legit interests” gets interpreted 👀

Most of the drama comes from upstream clarity. If your contract / role description wasn’t super explicit about restraints, suddenly everyone’s arguing over whether that email or project counts as “restricted work.” Total spaghetti.

Low-key why structured recruitment + clear contract terms are clutch. Platforms like AcademicJobs.com help ensure role scopes, obligations, and any post-termination clauses are crystal-clear from day dot — especially in academia/research roles where collaborations and IP overlap can make restraints tricky 😬

Anyway, loving this convo — post-termination restraint nuance never gets enough airtime 😂