This may help. The examples clauses below are from my own employment contract and relate to a services business, but the soliciting clients and inducing employees are important to all businesses. The geographic restriction may not matter for most businesses here.
I'm not a lawyer, but my analysis is that the last sentence is very important as you cannot restrict someone from working in their chose trade or occupation. Additionally the reference to renumeration is important as you can't restrict all types of employees equally. --- A. Restricted Activities You must not, for a period of three months after Termination: (a) approach, accept instructions, induce, solicit or attempt to solicit business from any client or former client of XXX; (b) approach, induce or attempt to induce, or employ any employee of XXX to terminate his or her employment with XXX. B. Further Restrictions In consideration of, among other things, the remuneration payable under this Agreement, you must not, for a period of three months after Termination, solely or jointly with another person, whether as principal, agent, director, shareholder, independent contractor or partner, be concerned, interested or engaged in any trade or business in competition with that of XXX within YYY kilometres of any office of XXX. This provision is not intended to restrict you from working as an employee in your chosen trade or occupation. --- This was of course written to protect the interest of the employer, not the employee. As an employee, I probably would not accept anything longer than three months (unless I were a founder). I'm fairly sure the version above has been tested in court and refined over many years. regards, Jeromy Evans (My office at PeopleInsite is embedded within a mid-teir employment law firm. The could talk about this one clause for hours) -- You received this message because you are subscribed to the Silicon Beach Australia mailing list. Guidelines on discussion: http://tr.im/ujKF No lurkers! It is expected that you introduce yourself: http://tr.im/ujMm To post to this group, send email to silicon-beach-australia@googlegroups.com To unsubscribe from this group, send email to silicon-beach-australia+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/silicon-beach-australia?hl=en?hl=en
