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The period of 24 months is not reasonable but you have already signed the employment agreement so you cannot do anything, now you have to abide the terms and conditions of agreement.
Yes, it’s the phrase use generally, as “N” number of companies can be competing and employer cannot specify all of them, so treat it as any compa...
W Network
caI have been working with a startup for some time. Now I have an offer from a competing company which I'm inclined to accept. I've had a chat with the founder of my current startup, and he is saying I won't be able to join the company as I had signed a non-compete, and if I do, legal action will be taken against me. According to this non-compete, I won't be able to be employed with or be engaged in any business that is directly competing with the business of the company for a period of 24 months (Is this time period reasonable?).
They have not specified anywhere what businesses are competing businesses of the companies, should I assume they mean any company that has a similar business? Also, I read that in non-compete clauses, the distance within which you aren’t allowed to be engaged in a competing business is supposed to be mentioned. This is not there in the clause of my current employer. They haven’t specified the limits anywhere in the clause within which I’m not allowed to be engaged a competing business - whether it’s within India or within the city/district or anywhere in the world. The clause is of 3 lines, saying - I won’t be allowed to be employed, or engaged in any business that is directly competing in material aspects with the businesses of the company for a period of 24 months.
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W Network
caThe period of 24 months is not reasonable but you have already signed the employment agreement so you cannot do anything, now you have to abide the terms and conditions of agreement.
Yes, it’s the phrase use generally, as “N” number of companies can be competing and employer cannot specify all of them, so treat it as any company that has a similar business.
As per the clause stated by you “I won’t be allowed to be employed, or engaged in any business that is directly competing in material aspects with the businesses of the company for a period of 24 months” it means that as per the employment agreement signed, you are bound to comply this clause, in case if you don’t comply, the company has right to take any legal action. You cannot join competing company as well as you cannot create your own company in the same business line. It is not advisable to join any competing company.
'Get a Wazzeer' for any legal or accounting support. Happy to help you! :)over 3 years ago
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I have been working with a startup for some time. Now I have an offer from a competing company which I'm inclined to accept. I've had a chat with the founder of my current startup, and he is saying I won't be able to join the company as I had signed a non-compete, and if I do, legal action will be taken against me. According to this non-compete, I won't be able to be employed with or be engaged in any business that is directly competing with the business of the company for a period of 24 months (Is this time period reasonable?).
They have not specified anywhere what businesses are competing businesses of the companies, should I assume they mean any company that has a similar business? Also, I read that in non-compete clauses, the distance within which you aren’t allowed to be engaged in a competing business is supposed to be mentioned. This is not there in the clause of my current employer. They haven’t specified the limits anywhere in the clause within which I’m not allowed to be engaged a competing business - whether it’s within India or within the city/district or anywhere in the world. The clause is of 3 lines, saying - I won’t be allowed to be employed, or engaged in any business that is directly competing in material aspects with the businesses of the company for a period of 24 months.
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W Network
caThe period of 24 months is not reasonable but you have already signed the employment agreement so you cannot do anything, now you have to abide the terms and conditions of agreement.
Yes, it’s the phrase use generally, as “N” number of companies can be competing and employer cannot specify all of them, so treat it as any company that has a similar business.
As per the clause stated by you “I won’t be allowed to be employed, or engaged in any business that is directly competing in material aspects with the businesses of the company for a period of 24 months” it means that as per the employment agreement signed, you are bound to comply this clause, in case if you don’t comply, the company has right to take any legal action. You cannot join competing company as well as you cannot create your own company in the same business line. It is not advisable to join any competing company.
'Get a Wazzeer' for any legal or accounting support. Happy to help you! :)over 3 years ago
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