Restraint of Trade
Are you feeling trapped by a restraint of trade clause in your employment contract?
What Exactly is a Restraint of Trade Clause?
Understanding Restraint of Trade Clauses
A trade restraint clause is a provision written into a contract that aims to limit your freedom to work or conduct business after you leave your current employment. These clauses are typically found in employment contracts but can also appear in contracts for the sale of a business or partnership agreements.
While these clauses might seem unfair at first glance, they do serve a legitimate purpose. Employers use them to protect their confidential information, maintain their customer base, and preserve the goodwill they’ve built within their industry. Essentially, they want to prevent former employees from using insider knowledge or connections to gain an unfair competitive advantage.
It’s important to carefully review any contract you sign and pay close attention to any clauses included. If you have concerns about the fairness or enforceability of a clause, it’s essential to seek legal advice from experienced professionals who can help you protect your rights and interests.
Here are some common types of clauses you might encounter:
These prevent you from working for a competitor or starting your own competing business for a specific period within a defined geographical area.
These restrict you from soliciting clients or employees from your former employer for a certain duration.
These protect your former employer’s sensitive information, trade secrets, and intellectual property, preventing you from disclosing or using it for your benefit.
Why Choose Sibley Lawyers for Your Restraint of Trade Dispute?
At Sibley Lawyers, we understand how overwhelming it can be to face a restrictive trade restraint clause. We believe your career shouldn’t be held hostage by unfair restrictions. That’s why we’ve built a team of experienced lawyers who specialise in navigating the complexities of employment law and disputes. We’re not a generalist firm; we focus our energy and expertise on providing high-quality, dedicated representation to individuals seeking to break free from these constraints.
When you choose Sibley Lawyers, you’re choosing a team who will passionately advocate for your rights, leverage their extensive experience to develop a winning strategy and fight tirelessly to secure the best possible outcome for your future. We’ll provide the expert guidance and tenacious representation you need to move forward with confidence.
When Can a Restraint of Trade Clause Be Enforced?
Not all contracts are created equal. For a clause in a contract to be legally enforceable, it must be deemed “reasonable” by the courts. This means it must strike a balance between protecting the legitimate business interest of the employer and not unfairly restricting your ability to earn a living and pursue your career. To determine reasonableness, the courts will consider several key factors:
The nature of the employer's business
The type of industry and the level of competition will be taken into account.
Your role and responsibilities
A senior executive with access to highly sensitive information might be subject to stricter restraint than a junior employee.
Geographic scope
The restricted area should be reasonable and relevant to the employer's business operations. A nationwide ban for a local business is unlikely to be enforceable.
Duration of the restraint
The time limit imposed should be proportionate to the legitimate interests being protected. A restraint of several years for a low-level role is unlikely to be reasonable.
Your bargaining power
The courts may consider the circumstances under which you signed the contract and whether you had the opportunity to negotiate the terms.
Don't Let It Derail Your Career Dreams
Facing a Restraint of Trade Clause?
That sinking feeling in your stomach? That’s the weight of a trade restraint clause threatening to hold you back from the career you’ve worked so hard to build. It’s a feeling of being trapped and powerless, of watching opportunities slip away because of an unfair restriction in your contract. You’re not alone. Many others encounter this frustrating situation, filled with uncertainty and anxiety about their future.
But don’t let that feeling of helplessness consume you. You have rights, and you don’t have to navigate this complex legal landscape alone. Seeking expert legal advice is the first crucial step towards taking control and protecting your future.
A lawyer experienced in these disputes can be your advocate and guide, helping you understand the intricacies of your situation, assess the enforceability of the clause, and explore all available options to break free from these unfair restrictions. Take charge, seek help, and reclaim your career freedom.
Ready to Break Free?
Don’t let a trade restraint clause dictate your future. Contact Sibley Lawyers today for a confidential consultation. Our experienced team will provide expert guidance, fight for your rights, and help you secure the best possible outcome.
How Sibley Lawyers Can Help You Navigate Restraint of Trade Disputes
Facing a restraint of trade clause can feel like navigating a minefield. Our reliable legal team provides expert guidance and strategic representation to help you understand your rights, negotiate effectively, and, if necessary, challenge unfair restrictions in court. We’re committed to protecting your career freedom and helping you achieve the best possible outcome.
Expert Legal Advice
We begin with a thorough assessment of your individual circumstances and the specific wording of your clause. Our lawyers will provide clear, concise advice on the enforceability of the clause, your rights and obligations, and the potential risks and opportunities you face. We’ll empower you with the knowledge you need to make informed decisions about your future.
Strategic Negotiation
Our skilled negotiators will engage with your employer or former employer to seek a favourable resolution. We’ll leverage our expertise and understanding of employment law to advocate for your interests and work towards minimising any restrictions on your future career prospects.
Court Representation
If negotiations fail to achieve a satisfactory outcome, we’re prepared to represent you in court vigorously. Our experienced litigators have a proven track record of success in challenging the enforceability of trade restraint clauses and securing our clients’ freedom to pursue their career goals.
Protecting Your Interests
Whether through negotiation or litigation, our priority is to protect your interests and help you achieve the best possible outcome. We understand the significant impact a trade restraint clause can have on your career and livelihood, and we’re committed to providing you with the highest quality legal representation to secure your future.
A Clear Path to Resolution
Our Approach to Restraint of Trade Cases
At Sibley Lawyers, we believe in a transparent and client-focused approach. We’ll guide you through every step of the process, keeping you informed and empowered to make the best decisions for your future. Here’s how we typically handle these cases:
Initial Consultation
We start with a confidential consultation to understand your situation, concerns, and goals. This allows us to gather all the necessary information and provide you with tailored legal advice.
Case Assessment
We carefully review your employment contract, the specific clause, and any relevant documentation. We then analyse the enforceability of the clause based on your individual circumstances and the latest legal precedents.
Strategy Development
We develop a personalised strategy designed to achieve your desired outcome, whether that involves negotiation, mediation, or court action.
Negotiation
We engage in strategic negotiations with your employer or former employer to seek a mutually agreeable resolution that protects your interests and allows you to move forward with your career.
Litigation
If necessary, we will initiate legal proceedings and represent you in court to challenge the enforceability of the clause.
Throughout the entire process, we maintain open communication and provide regular updates on your case. We're committed to ensuring you feel supported, informed, and confident in our representation.
But don't just take our word for it
Our Track Record Speaks for Itself
We don’t just promise results, we deliver them. We’ve secured acquittals, reduced charges, and protected the freedom and reputations of countless clients. But don’t just take our word for it. Read our client testimonials to see what our clients have to say about our dedication, expertise, and results.
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Gail Patterson
Professional and thorough
Nurture In Harmony
I highly recommend Sibley Lawyers for anyone dealing with workplace issues, including personal injuries. After my union lawyers refused to support me in a workplace dispute, Justin Sibley and Jack McDonald stepped in and made all the difference. They were incredibly knowledgeable, responsive, and truly committed to my case. Despite the lack of support from my union, to which I had paid fees for 13 years, Justin and Jack worked tirelessly to ensure I was treated fairly and helped me achieve a positive outcome. Their expertise in employment law and genuine dedication gave me the confidence to move forward. If you’re looking for lawyers who will fight for you when others won’t, Sibley Lawyers is the firm to trust!
Lyniece Rostant
Dena Miller
I couldn’t be happier with Sibley Lawyers if I tried. The team is fantastic and passionate about what they do. A particular shout out to their Senior Paralegal, Kate Rasmussen! She has worked tirelessly on several matters for me and achieved positive outcomes. She is always professional, friendly, dedicated and passionate when it comes to her clients. Your determination to obtain justice for me is greatly appreciated Kate 🙏
Madonna Arca
On behalf of my brother Peter:
I was represented by Sibley Lawyers in a Personnel Injury Claim and Jack McDonald worked extremely hard and was very devoted in achieving a great result. He has been extremely professional and very thorough with his ongoing research into my claim. I would high recommend Sibley Lawyers and in particular Jack McDonald.
Hayley Reid
I have needed the services of Sibley Lawyers for a couple of years now. They are extremely thorough, knowledgeable and above all approachable and trustworthy. They have been dealing with my protracted issue that has been handled very professionally and successfully at every turn. When this is all concluded I hope to never need their services again but if I, or anyone I know does, Sibley will be the first call. Thanks team.
Amy Reeve
I have been a Sibley Client since 2021. Justin and his team are very knowledgeable in their legal profession and have provided me the advice and support needed. I had some oustanding pay queires that needed to be resovled with my employer, the Sibley team acted on this very swiftly resulting in a postive outcome for me. I highly reccommend their service.
Brett Rawlings
I’ve been a client with Sibley Lawyers Employment Law Services over the past couple years. They have saved my job and helped me out with certain enquiries and never once have they not cared about their clients. I highly recommend and it is a must. Join up today
Cass Jefferson
Justin Sibley and his team are the consummate professionals in law.
I have used his services as a retained client as a Qld Government employee, as well as being a personal client. Justin always impresses me. When push comes to shove, you need someone like Justin in your corner. Not only does he understand the law and all of its complex mechanics, but he has the ability to win with his attention to detail, unwaivering knowledge and courtroom charisma. As mentioned I Highly Recommend Sibley Lawyers to anyone needing legal representation, they’re a tremendous firm.
Luke Doherty
Sibley law and especially Nick Ware are amazing and I could not recommend a better criminal defence lawyer.
He’s professional, personable and very thorough. Always put my worries and mind at ease with his professional advice and very contactable, not fobbed off to a secretary.
The outcome of what I wanted, happened and I was also upfront and honest from the start with no judgement whatsoever from Nick.
I went into the experience alone and can really say I have come out with a great result and someone I’ll call a mate.
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Fight Back Against Unfair Restraint of Trade Clauses
Feeling trapped and uncertain about your career because of a restrictive restraint of trade clause? Don’t wait another day. Contact Sibley Lawyers today for a confidential consultation. We’ll provide the expert guidance and tenacious representation you need to break free and move forward with confidence. Your future is worth fighting for. Call us now, and let’s explore your options together.
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