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Non-Compete clause in Employment Agreement


06-Apr-2023 (In Corporate Law)
I am currently employed with a leading consumer internet firm & my appointment letter has a clause stating that I can't work in a competition company for 12 months. Now, I am considering an employment offer from a competition firm where many of my office colleagues have joined in past year. While my existing company didn't take any legal action against them but considering my position & access to information, I am concerned about legality of the clause. Can you please advice if such a non-compete clause is practically enforceable in court and if yes, what is the worst outcome for me if I do switch jobs?
Answers (2)

Answer #1
933 votes
Query perused. I'm of the considered opinion that since you have signed and agreed to the said negative covenant in the NDA signed by you, they might take legal action against you. For appropriate legal remedy and further consultancy and legal services you may you may contact us.
Answer #2
625 votes
Non compete clauses are enforceable in court. The option of amending the agreement may be explored (if the present agreement permits)
An appropriate advise can be given after having reqd your agreement. You may share a copy of your employment contract and other relevant joining papers.

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