Restrictive covenants

[Graciescotland]

Currently work as a consultant for a firm, they want me to sign a new contract with a new, technically unrelated, firm which is a project of another consultant. I'd be in breach of most of the "confidential information" clauses in my original contract. What do I need to indemnify me against any potential future risks?

[Graciescotland]

Contract is based on Swiss law.

[Angel786]

Which contract is under Swiss law, the new or old one? You can ask the newco to indemnify you against claims from oldco.

In practice v unlikely restrictive covenants will be enforced if you are not using the con info gained from your previous work. Restr covenants should be q limited in terms of timeframe, geography and subject matter - how long were you working with oldco and is the subject matter v similar?

[Graciescotland]

Both contracts are under swiss law. I've been with company one for fifteen months. The work is identical. I'd be "taking" projects/ existing clients/ possible future clients with me.

It's essentially the same job moved to a new company. Good point about asking them to indemnify me, thanks.

[Angel786]

Assuming the identical clients, projects etc. Were found through oldco and not independently / previously, you have a couple of options.

1. Secure the indemnity from newco.
   

1. Delay your start date with newco (usually 3-6 months would becreasonable).
   

1. Carry on regardless, take a calculated risk depending on the value of business being taken and chance of being sued.
   

These are all just pointers, would need to hear the full story to advise thoroughly.

[Angel786]

Ps I'm an English law qualified solicitor - Swiss law may hVe it's own peculiarities!