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Old 01.03.2015, 16:11
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Re: Voluntarily quitting my job

Job contracts often contain non-compete clauses that are not legally binding, simply because the clauses go way beyond what the Law permits.

One cannot prevent a Baker from baking bread!

When in doubt, seek legal advice. It may cost you CHF 400 for a one hour meeting with an attorney. Money well spent for the peace of mind it may bring.
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  #42  
Old 01.03.2015, 16:38
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Re: Voluntarily quitting my job

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non-compete does not mean you can't work in your area. It can mean you are not allowed to poach customers from your employer's customer. Non-compete may also only concern a geographic delimitation. Nobody can prevent you from earning your life with your skills.
I think there is some truth to this. My previous employer had a clause in the contract that stipulated that one could not work for a competitor in not just CH but in all of Europe for 3 years. I know another person in the same trade whose company states that you cannot work for another competitor EVER.

I had it removed, but all other people who work there have this in their contract. I am also pretty sure they (my previous company) mean ALL competitors not just those that have contacts with the company.

However, I have talked to a number of people and I am pretty sure it is illegal as this poster says; they cannot deny you your livelihood, and with a 30 year career (presumably in the same field?), this would most certainly pertain to the skills you need to get another job. However, you might have to fight it in case they try to be difficult.

If you don't have it, I'd get legal insurance ASAP as there is a 3 month waiting period before you can use it for work issues. Even if you may not stay in the same field, one never knows.

I understand you completely when you say you are drained physically and emotionally from your job. Been there, done that.

Good luck!
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Old 01.03.2015, 20:06
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Re: Voluntarily quitting my job

It would be a good idea to have some kind of paper listing what you agreed upon with bossboss, could be just a bullet list. If things do break you can use it to show you're not running away but instead did your best to make a difficult situation workable.

Such a thing would probably be seen as a good thing by your next employer.
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