Can non compete clauses prevent hire?

[Lushmetender]

Had interview and told it went really well. No offer yet but a request for non compete clauses from contract. Gave it to them on Friday but heard nothing since. Can non compete causes cause job offers not to be made?

If the non-compete clause would exclude you from the new position, the company will certainly want to steer clear of the whole mess.

Possibly. What they would normally need to do is weigh up how much impact the non compete would have on the business.

For example, mine excludes me from working for the first 3 months in a new company on clients that I worked with in the preceding 6 months in the old company.

So if the new company already know they want me to do something else in my first 3 months then they won’t care.

(Terms changed slightly in case it became outing)

PS a request for your current contractual clause is usually a good sign, not a bad sign. They wouldn’t have asked for it if they weren’t seriously considering an offer.

They may just want to check whether you're existing non compete cause is enforceable or not. Sometimes, they're too strict and can't be enforced, so you'd be free to do whatever you want.

Or they may just want to check they're not going to get embroiled into a legal dispute with your previous employer.

Yes
I was asked to provide the details of any non compete clauses in my contract before I was offered a job a few months ago. It was fine so they offered me the job

We will look at candidate's restrictive covenants to get an idea of what work they will be doing to start with from a business planning perspective. Eg they cannot work with Client A until 6 months have passed, so we would plan what they usefully can do in that period.

Good luck!

I have varying clauses between 6-12 months. From not taking staff away to not working on the same client etc. The company I’m going to is a lot smaller but I’ve not heard anything since Friday and it’s now Wednesday! If I’m honest timing isn’t great to start a new job re bonus etc but equally not enjoying my current job now. So a refresh will be good.

@Lushmetender

I have varying clauses between 6-12 months. From not taking staff away to not working on the same client etc. The company I’m going to is a lot smaller but I’ve not heard anything since Friday and it’s now Wednesday! If I’m honest timing isn’t great to start a new job re bonus etc but equally not enjoying my current job now. So a refresh will be good.

Depending on your field, a lot of companies are offering a “golden handshake” to make up for e.g. loss of bonus from your previous employer. If you don’t ask you don’t get . It might be worth a try.

Also, Friday to Wednesday is nothing! It really depends on how many levels of approval the offer has to go through, whether approvers are in, checking their emails etc.

Still waiting! Nearly 2 weeks since I sent the non compete clause. Chased them up and they said it was still under review. Nothing else - no indication of an offer! Our hr are more on the ball than this.