VIC Employment Law - Implications of Resigning During Probation Period?

[Cautious101]

Hello,

I have been with my new employer for 4 weeks. My probation period is 3 months and I have a non-compete clause of 12 months.

I believe I have made a wrong decision joining this company. What are the implications of resigning during probation period with respect to the non-compete restrictions under employment law?

Thanks

 

[Rod]

Are you a senior employee? If so, the non-compete clauses can be reasonably effective. If not, then the clauses may not be worth the paper used to write them on.

Duration is only a small part of the issue. You do need to be mindful not to use any information that may be deemed commercial-in-confidence (client lists, pricing, trade secrets etc).

So the answer is - it depends. Depends on your access to sensitive information, the industry you work in, and whether your next employer is a direct competitor of your current employer.

For instance, if you are a fashioner designer working on next summers fashions it may be unlikely you could work for another label for a period of time. If you are a tradie working on the tools then no restriction is likely to stop you.

If you really want specific legal advice for your situation then you need to see a lawyer.

 

[Clancy]

You can usually figure out pretty quick if you have landed with a bad employer, and the fact that they need such a clause indicates that they themselves know they are a bad employer! And that's how they think they can reduce staff turnover... other than deciding not to be a bad employer!

Look for such clauses in future... the companies that need them are probably not worth wasting your time on.