Municipality Playing Hardball with Nursery School Teachers
I agree that, during the period of my employment with the Municipality Nursery and for a period of thirty-six (36) months thereafter, I will not, directly or indirectly, engage in any employment or business activity, or hold an interest in any business, which is competitive with the business of the Municipality Nursery.
The basic presumption under the Israel jurisdiction is that a covenant not to compete is not binding, even if it is clearly expressed in a written agreement signed by the parties, unless:
- the employee is using trade secrets of his former employer.- the employee is not acting in good faith.- The employee received remuneration in return for their promise not to compete.In general, non-competition covenants can be justified and enforced only when the former employer has a legitimate, proven and recognized interest (recognized as such) in preventing his former employee from working with his competitor.
- three years is a long time, even in the high tech field;
- there was no geographic limitation to where she was not entitled to compete;
- they weren’t paying her extra for not competing;
- she already had experience so its not like they were training her;
- they weren’t revealing any trade secrets to her; and
- the social benefits of having more teachers and her right to an occupation greatly outweigh any interest the city might have in limiting competition.
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