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cannot work in the same industry for one year after resignation?

By jiansec ·
Hello Forum,

I finally decided to resign gracefully and professionally from my current employer. But I found a clause in my contract signed three years ago. It said that I cannot work for the same domain for one year after my termination except I am fired. I wasn't told exactly at the time of employment. It was in French!!!
I currently accepted one offer in different country (neighborhood). Do you think the clause is still applicable to me? Does the clause make sense? My company is a pretty small start up company. I am the only one providing one of the core service.

How to prevent it haunting me one day?

Thanks.

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Is this a joke?

by CharlieSpencer In reply to cannot work in the same i ...

You signed a contract but you didn't know what it said? Do you now know what else it says? There are probably clauses that cover other countries. At a minimum, you need to have it translated and bring it to the attention of your potential new employer.

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by swnz In reply to cannot work in the same i ...

A "restraint of trade" clause is common in employment contracts, however they are typically un-enforceable when it comes to gaining employment with another company.

Typically, the clause is rendered unenforceable because an employer cannot stop you from earning a living. They can (in some circumstances) however, stop you from forming your own company that directly competes with your former employer for a period of time after the resignation.

You should definitely talk to a lawyer in your own country regarding your options.

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