How AI Legalese Decoder Can Uncover Illegal Terms in Your Friend’s Contract
- May 18, 2024
- Posted by: legaleseblogger
- Category: Related News
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## AI Legalese Decoder: Helping with Unfair Contracts in the Workplace
### Background Information
My friend works as a groomer and recently signed a contract for her job. She is not originally from Australia and I suspect that she may be in a difficult situation due to some unfair terms in her employment agreement.
### Concerning Contract Terms
The contract she signed includes clauses that require her to give a lengthy 2 months’ notice if she decides to leave her job. Additionally, it restricts her from working as a groomer within a 300km radius of her current workplace if she resigns.
### Legal Implications
One might question the legality of such clauses in an employment contract. Can an employer truly impose such stringent restrictions on an employee’s future job opportunities?
### How AI Legalese Decoder Can Help
AI Legalese Decoder is a powerful tool that can analyze legal language and help decipher complex contracts. By utilizing this tool, my friend can gain a better understanding of her rights and potentially challenge any unfair terms in her employment agreement. This can empower her to make informed decisions about her career and protect her from being taken advantage of in the workplace.
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****** just grabbed a
Unenforceable.
Tell you friend to tell their ex-employer to pound sand.
Tell your friend to call fair work Australia. They can advise her of the legalities of the contract. Pretty sure they can’t prevent her from working as a groomer as part of the contract.
Had a similar contract, saying i couldnt work for any of his clients for 6 months afterwards, the advice I get was that I Couldn’t use any proprietary info from the previous job, but that the clause couldn’t stop.me working my trade. Old boss never enforced it so it was all a moot point.
I would be very surprised if a court upheld such unreasonable restrictions.
More to the point perhaps, no grooming business owner will have the $$ to actually pursue a lawsuit against her.
It’s bluff and bluster, unenforceable in so many ways.
is the two months notice for the employer as well?
once an employment contract is terminated its clauses are no longer enforceable. plus restraint of trade would kick in making them illegal/invalid.
if they dont want her working anywhere else then they need to have an active employment contract with her (so she gets paid) to enforce that, eg “gardening” leave.
a restraint of trade clause can only be enforced for the purpose of the business reasonably protect their interests. 300km seems pretty extreme. i doubt it would be a wise business decision to try to enforce this one. (this is obviously not legal advice, if your friend is concerned she should see an employment lawyer).
An ex employer tried that with me, whilst I took them to fair work, for unfair dismissal. They tried to say, during the mediation, ” I couldn’t work in transport, and/or within 100kms” Fair work said I could most definitely work in the same industry. I won.
While these particular terms are very overzealous, it’s pretty standard to have similar contractual terms for lines of work where staff can easily start up their own similar business and poach their prior customers.
While these contract terms are generally legal, they are very much not enforceable. Just tell your friend that if they do leave be very wary of how they communicate it to customers.
I mean, ignore them and let them eat a handful of hot gravel lol.
I’m not a lawyer but I’m fairly sure both of these are legal stipulations. 300km is quite exaggerated though. It is quite common in the MSP IT industry to stipulate that a resigned/terminated employee cannot do the same work within the rough area of the business due to competition etc. Also the notice thing is likely legal, but you don’t actually have to give notice to ANY business. If you resign effective immediately, they are still legally obligated to pay out accrued leave etc.
Edit: the clause about doing the same work within x km of the business can also be ignored. Like others have said, no one will enforce this.
Employers like to write these but they are incredibly hard to enforce
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It’s a red flag, but until they try to enforce, irrelevant — are the rest of the conditions legal?
Non competes are pretty standard in many industries, but they are hard to enforce. If she’s leaves and tries to take her current employers customers with her. Then expect a nasty legal letter or two. But there’s little actually enforceable action . And unless it’s a high earning gig, the legal fees aren’t worth the fight. Don’t stress about it. But if she leaves don’t get vindictive about it.
Is she an employee or a contractor working under an ABN?
Yeah its unenforceable, non-compete at her level is basically a slam dunk for her. Call fair work Australia.
What’s a groomer exactly? Like a horse groomer?
Non competes are weird. Mine regionally covers the ‘world’ and just goes lower and lower with the term ‘if not enforceable then’. Had similar at previous companies as well. As to their enforceability god knows but they are common.
Notice can be as long as the contract states as long as it isn’t any shorter than what your applicable government regulation which is usually based on tenure. My notice has been 6 weeks, colleague had 2 months at one point.
Look up fairwork for your state and that should tell you that standard notice periods. While the contract may still be legal, it wouldn’t be enforceable (or even worth enforcing).
As for the non-compete – the more standard the role, the less enforceable it is. They cannot reasonably restrict how someone earns money. For example, if you quit working at McDonalds as a cashier, they couldn’t stop you from being a cashier at Hungry Jacks. If you were party to trade secrets, they may be able to stop you working at competitors.
For a groomer position, it wouldn’t be worth enforcing, unless she took the clients contact details and convinced them to move to the new place of employment. Then they could prove damages and make a claim.
This happens a fair bit with gym managers too I’d you work at one you can’t work at another for while. It is enforceable but they probably won’t want to go to court over it. Any contract is enforceable