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The application of the non-competition clause after leaving work

Is the non-competition clause applicable in case an employer terminates an employee?

In this case, can you work for a competitor and take your existing clients to your new employer?

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Raluca Gatina

Elnaggar & Partners

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31 Mar 2020, 13:31

Dear questioner,

Did you sign a non-competition agreement with your company? if yes, we need to review it to make sure that it has all elements requested by the law.

However, if you leave the company and you haven't signed any noncompetition agreement, but you are contacting the existing clients of the company, without their approval and this results in a financial loss of the company, they can sue you.

In case you wish us to study your case and issue a legal opinion, based on the documents you have signed and based on the actions you wish to take, please feel free to approach me via email.

Best Regards,

Raluca Gatina

31 Mar 2020, 15:27

I can't remember what I signed and I also didn't receive any copy of it.

Yes, taking the existing business to a new employer would cause financial loss to my previous employer, but they made me redundant. Can my employer still use me?

1 Apr 2020, 10:33

In this situation, the employer has the right to file a case against you.

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Mohamed Noureldin

Nour Attorneys & Legal Consultants

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31 Mar 2020, 19:26

Dear questioner,

It depends on the term drafting, also the non-compete requires many legal conditions to be valid in the UAE and we can provide you with legal advice regarding the validity of your non-compete clause.

Best Regards,

Mohamed Noureldin

Legal Consultant (Licensed in Dubai)

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