RE: FN-FORUM: Advertising Bastards

date posted 11th January 2006 13:38

Ok. As a recruitment consultant, I come up against these clauses all the
time.........

The short answer is that it is enforceable but is very very very very very
very very (get the picture?) difficult to enforce for a lot of reasons that
have already been mentioned. Additionally, it is very rare for a company to
even attempt to go after someone on the basis of this clause. The only time
that companies do try to go for it, is when the ACTUAL financial damage to
the company is more than the legal fees involved. So, if you leave your
current employer and make it your undying mission to steal every client they
have, then yes they will go after you (assuming you are reasonably
successful in your quest). If you act responsibly and merely go to work for
a competitor, then the worst you are going to get is a scarily worded,
official looking letter - which can obviously be ignored.

And finally, I need to point out that this is not intended to be legal
advice. I am not qualified to be offering this advice in anyway and the
opinions I have expressed here are purely from my own personal experience
and are in no way connected to Elan, or any other related company.

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