Q: Are restraints of trade even valid?
I have recently started a new job with a company. My ex-employer is threatening to take action against me on the basis of a restraint of trade I signed when I was employed by them. I don’t even remember signing it! Are restraints of trade even valid?
A:
Yes, restraints of trade are valid (at face value). But you can have it declared unenforceable if you’re able to show that it is unreasonable. You would need to determine whether your previous employer had any proprietary interests that needed to be protected. For example, were you privy to: