NSW Restraint of Trade - Chances of Company Suing Me?

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SusanG

Member
26 March 2017
1
0
1
Hi,

I have recently accepted a job offer from a client, and my current company wants to enforce a non-compete clause. While the products for both companies are very different, I will be speaking to the same client base. My current company wants to sign a contract to ring fence the clients I can interact with for a period of 6 months.

I have declined signing this letter as this an unreasonable restraint of trade. They are suggesting legal action should I not sign this letter. My new company doesn't want me to sign the letter and has indicated the if I do they would rescind my contract.

It's even more complicated as I am on a 457 visa, and my visa has been transferred to the new company. So I could end up with no job if I do sign the contract!

What are the chances of my current company suing me? And what are my options?

Help
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
Hi,

I have recently accepted a job offer from a client, and my current company wants to enforce a non compete clause. While the products for both companies are very different, I will be speaking to the same client base. My current company wants to sign a contract to ring fence the clients I can interact with for a period of 6 months.

I have declined signing this letter as this an unreasonable limitation of trade. They are suggesting legal action should I not sign this letter. My new company doesn't want me to sign the letter and has indicated the if I do they would rescind my contract.

It's even more complicated as I am on a 457 visa, and my visa has been transferred to the new company. So I could end up with no job if I do sign the contract!

What are the chances of my current company suing me? And what are my options? Help
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