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Question
Posted by: Unsure | 2011/02/07

Forced to Sign Restraint of Trade

Please advise. I''ve been in my job for 2 years now. They keep on changing my commission structure when they feel like it (outside of the original contract I signed) but this is a separate issue. My real issue is that I was bullied into signing a restraint of trade that is ridiculous and basically doesn''t allow me to be in contact with anyone I know! They even try to prevent me from working for " indirect"  competition. Is this allowed? I''m looking at going to another company but I''m scared my current company will action this restraint of trade against me. It also says I''m liable for all legal fees. How risky is it if I were to move companies? Oh and I forgot to mention that the new job is being offered by my ex boss the ex CEO of the company that I''m currently working for!

Any advice?

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Our expert says:
Expert ImageLabour lawyer

re: Forced to sign restraint of Trade

If you have signed the Restraint of Trade Agreement then you are bound by it if it is fair and reasonable.

The complexity of restraint of trade does require that you take proper legal advice before you decide to break it.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

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Our users say:
Posted by: Labour Lawyer | 2011/02/15

re: Forced to sign restraint of Trade

If you have signed the Restraint of Trade Agreement then you are bound by it if it is fair and reasonable.

The complexity of restraint of trade does require that you take proper legal advice before you decide to break it.

Reply to Labour Lawyer

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