Asked in Contracts and Employment Law

Q: I want to know what the risks are for an employer if the prospective employee has a restraint of trade held against them

The employment contract which contained the restraint of trade clause was first singed 2 years after employment and not when I started working for the company and i had only singed it out of fear of losing my job. I also only had about 3 hours to read through it before it had to be singed.

Also I had 0 access to any client information nor had i ever worked directly with clients. I also had no access to the company pricing structure and nothing that could be considered "trade secrets". I had simple duties that did not allow me access to any information that is not available the public aside from the data used in cases (I worked in I.T forensics) which was not allowed to leave the premises.

My prospective employer is aware of the restraint of trade and does not wish to employ me while it is still in effect which is for one year after termination but I have no other experience or field of expertise.

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1 Lawyer Answer

A: Never mind worrying about "what the risks are for your employer." You need a lawyer to advise you what to do FOR YOURSELF.

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