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non competition clause.


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Hello , I'm new to this forum but hope someone can advise me on the following.

I have worked for 2 days per week in a retail shop as assistant manager for 11 years. It's a small friendly shop where I often advise customers and get involved in stock ordering.I effectively run the shop for several weeks of the year when the owner is abroad. The owner is 'getting on' and is preparing to put the business up for sale. As part of this she has asked me to sign a contract of employment which seems to be of standard format but I am not happy to include the non-competition clause which states that I will not engage in any business connected with any of her suppliers,or contacts etc for the period of one year. (It's obviously written in more legalese than that)

In the course of my self-employed life (the other 5 days!) I already deal with several of the same suppliers which she is aware of. If she sells, I may not stay with the new owner, but until the time comes I'm not sure yet quite what I will do. I do not want to have my hands tied especially for that amount of time.

My question is this: as she is unwilling to remove that clause altogether what do you think would be the shortest amount of time that I could offer.....and maybe I could offer not to set up in retail although I'm sure I would expand my internet sales. What would be considered reasonable.....I really don't want to fall out over this but we are both unsure as to how to proceed.

thanks in advance

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You don't have to sign that contract. It could be considered unfair. Especially as she wants to get out of the business.

 

However, you could keep negotiating the removal of the unfair clause, and ask her to justify it.

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And if all your compromises fail open up a shop next door considering u r not being unreasonable or buy the business from her if the accounts are good then see your local bank manager not hers and produce her accounts and show the bank how you can expand the busines using your network facilities it really is that simple you can then show goodwill

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Thanks for those both of you. Unfortunately I don't want a shop and I want to resolve this amicably. I understand how she needs to make her business look good for sale, and why not? I am happy to sign something but I'd love to know what timescale you think might be acceptable to a purchaser?

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I would want to know why she wants you to sign this new clause all of a sudden. Especially when she wants to sell all rights to her business.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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It is probably a standard contract she downloaded from the internet. If she insists on having some sort of clause, you can try to change the wording so that it only applies to soliciting clients away from her business, not to any business whatsoever.

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