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Is my employer allowed to enforce a clause in a contract saying that if I leave his employment I can’t work in the same career field within 10 km of his work building?
Hello my name is David Vaughan and I am an employment lawyer with Samfiru Tumarkin. The enforce-ability of a non-competition agreement will depend on the time, location, and subject-matter of the clause. While a non-competition agreement specifying a 10 km radius may be enforceable, it will also depend on the amount of time it is in effect and the scope of work it prevents you from doing. If the effect of the clause is to make it extremely difficult for you to earn a living and the clause is not necessary to protect your former employer's business, than it will likely be unenforceable. I recommend you contact our firm to review the specific provision in question and discuss the matter in more detail.