WA Does this non-compete make me essentially unemployable for a year?

[Miranda Kent]

Overly specific non-compete?

I assume the intent is so that I don't provide confidential information about the company I currently work for to the one I work for next, but this seems to be worded in a way that prevents me from getting any job related to my field at all for up to an entire year? How specific are they really going to get, and how enforceable is a contract like this?
Thanks!

 

[Rob Legat - SBPL]

The simple answer is 'depends'. Courts tend to be critical when interpreting restraint clauses and write them down to the bare minimum necessary. They will consider things like the market your ex-employer operates in, and your seniority in the business. This will be factored against your ability to earn a living - which is the big one. This can include the ability to transfer your skills and knowledge. It's incredibly unlikely that you wouldn't be allowed to find employment in the only field you're qualified for, or force you to move elsewhere to be able to do so.

 

[Rod]

The clause is a fairly standard clause and makes the employer feel happier even though they don't get much protection. Many employers rely on bluff and lack of employee knowledge.

Courts are tough on these clauses, but not completely impervious as Rob mentions.