Did you ever sign a non-compete or non-solicit? This is the first question a court would consider. If you did, were those terms drafted and implemented in a manner that a court will respect? Many judges will overlook unfair or unreasonable contractual language especially as it relates to competing with a former employer. Next, if there is nothing in writing stopping you from competing, you can freely do so as long as you do not misuse any confidential information. There is one further exception. In limited cases, employees who are in key roles can be characterized as a "fiduciary" by a court. In this scenario, courts can impose postemployment restrictions on competing or soliciting clients, even in the absence of a contractual clause. Ordinary sales representatives can be fiduciaries but only in exceptional circumstances.
Thus have a thorough check on Contract signed and ensure that no clauses are infringed other than this no employer can restrain an employee from getting employed in a rival company as a non-disclosure agreement would be signed and no information of the previous employer is miss-used burden of proof lies with the employer to prove the losses incurred if any.
Signing on a plain A4 paper is a serious negligence as it can turn serious consequences, in current scenario you have to prove that it was fraudulently obtained and company had pressurized to have it on a blank sheet and still burden of proof is with the employee.
'Get a Wazzeer' to have a lawyer do vetting of your employement contract in a day.
over 3 years ago