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by sundaymorningstaple » Fri, 30 Aug 2019 3:39 pm
Without know what was in the contract, it would be impossible to make a call. Is there garden leave even specified in your contract? Or does you contract just have a provision for a notice period? As long as you haven't been terminated for cause, but being released, you either work out your notice period or the company can give you salary in lieu of notice. If you have a Non-Compete clause, that is entirely separate and that may have either a distance or time factor involved. However, it doesn't mean they have to pay anything aside from the salary in lieu of notice to you until the NCC is over.
If you resign, you work out your notice or pay them salary in lieu of the notice period stated in the contract. However, the NCC if in the contract is still in force for the period of time/distance stated which you signed when you started employment.
Now, whether the NCC is valid is a different story and only the courts would be able to determine if it's enforceable or not. A lawyer would be a better judge than I.
Maybe PNGMK or Strong Eagle will have some different/more input when they see this.
SOME PEOPLE TRY TO TURN BACK THEIR ODOMETERS. NOT ME. I WANT PEOPLE TO KNOW WHY I LOOK THIS WAY. I'VE TRAVELED A LONG WAY, AND SOME OF THE ROADS WEREN'T PAVED. ~ Will Rogers