What To Do When You Are Faced With A Non-Compete Agreement

July 5, 2024    Employment Lawyers
What To Do When You Are Faced With A Non-Compete Agreement

Signing a non-compete agreement can feel intimidating. These agreements can restrict your ability to work in your desired field after leaving a job. Sometimes, you may feel that this contract limits your career options. If you are facing such a situation, this blog can guide you. We will go into the details of this contract and see how legal aid can help you. So, let’s continue reading to understand this clause better.

 

What is a non-compete agreement?

 

The purpose of this contract is to give the company protection against confidential leaks that may affect its position in the industry. This formal agreement is generally presented to employees before starting the job. Generally, this agreement consists of confidential rights and intellectual property of the company for which you will work. By making you sign this, the company makes sure that their valuable information stays safe.

 

Understanding the clauses of this agreement can benefit your professional relationship with your employer. This will help you gauge what you can expect in the future. You can hire an employment lawyers in Perth to help you out.

 

For instance, someone might be ready to leave a company and seek employment elsewhere. However, as they have signed this contract, they are bound to wait a year before interacting with the competitor, thus ensuring the rights of the former employer. This document allows both parties to maintain professional security.

 

Types of agreement

 

Various contracts are used to maintain the confidentiality of the company. Usually, the company uses four types of documents to maintain its security. Here are the four types of contracts you will find with this agreement.

 

  • Employment

This contract might bar individuals from entering the same type of job within a specific time frame. This ensures the safety of the organisation. Such agreements are generally made with senior employees like managers, as they interact with confidential business information. The best employment lawyers in Perth can come to your aid in such situations.

 

  • Manufacturer

This contract restricts people from entering a manufacturing unit in the same industry. For example, a person who works in a footwear-producing company can leak private information if they join a competitor company. Therefore, such restrictions are placed so they do not replicate products from their former company. However, some courts allow these employees to find employment in another similar sector. As for the above-stated instance, the worker may seek employment in a garment factory.

 

  • Business sales

Similar to the contracts mentioned above, in this agreement, people are prohibited from joining a competitor company for a certain period. To learn your employment laws in Perth, you can get the help of a professional.

 

For instance, if an individual worked as a car salesman and was successful, they can not join a similar business. This rule is made so they can use the same techniques they once used in their previous job. Using the same methods to boost another organisation may result in losses for the former company. However, the employee can find employment in a similar company after a few months.

 

  • Franchising

This contract involves the location of the business and how far it can operate from the previous company. For example, a bakery can bar the franchisee from opening a shop in a similar zone. This protects the functioning and financial secrets of the business. Additionally, it may protect the original techniques created by the bakery. In these situations, the court decides the location of the new business.

 

How can a lawyer help?

 

Initially, you can consult a non-compete lawyers in Perth for tips to sign the clauses in your contract. They will advise you to go through the papers thoroughly and ask questions. Additionally, you must also assess your next five-year goals before signing the document. Finally, if you do not agree with the contract, you can look for another job.

 

Takeaways

 

The non-compete clause in Australia can be complex. But with the right knowledge and guidance, you do not have to let them hold you back. Consulting a professional is essential if you are stranded in a situation where you can not leave the company. Qualified Employment Lawyers will ensure the contract is enforceable in local courts if there is a breach. They will research what has worked in the past and assess how the current agreement can be presented before the judge. They may also assist you in changing the tone of the document if necessary. So contact them for tailored advice and ensure that your career is protected.

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