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Non solicitation clauses are usually not worth the paper they are written on (was told that by a solicitor). This is because if the clause is followed then effectively it is preventing you from getting another job for 3/6/12 months in the industry in which you work.
So what do you do - sit unpaid on your arse for 6 months? I don't think so. You go and work for the competition regardless.
Courts often see these contracts as totally unreasonable because they are written to prevent someone from being employed by a rival. The more draconian the clause (e.g. 12mths), then the more unreasonable a court is likely to find it.
Good luck with sorting things out, oh and I don't agree that pursuing a company for compensation for a back injury not caused by them is a wise move. It's about time that people started taking reponsibility for their own health rather than trying to make a fast buck out of the parasitic 'where there's blame there's a claim' culture.
Non solicitation clauses are usually not worth the paper they are written on (was told that by a solicitor). This is because if the clause is followed then effectively it is preventing you from getting another job for 3/6/12 months in the industry in which you work.
Isn't a non-solicitation clause put in place to stop people poaching clients & is generally enforceable?
Whereas a 'non-compete clause' effectively stops you working for a competitor & is not generally enforceable?