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Old 20.02.2008, 16:13
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Re: "non-compete" clause .... legal ?

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Pretty much a Joe Bloggs... the company sells HR services and advice to Swiss companies (yeah, I know, the irony !)

they could make the case that he can potentially poach clients and client relationships, and it would be reasonable to forbid him from approaching those clients, but to forbid him from working in the field ..???? that amounts to denying him a livelihood, doesn't it ??

I agree with your sentiment, most non competes I know forbid you from going after clients and hiring people from the company etc. Not clear what the law is here though.

I do question, what exactly does he have to lose from breaking the non-compete? Problem with most non -competes from a company standpoint is they are very expensive to pursue legally, thus most companies (outside of CH) don't bother unless there is a significant expectation of loss. Once again, I don't know the practice in Switzerland.
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