WA No Employment Contract with Agency - Will I Breach Any Laws?

[Edda]

I work with a domestic cleaning agency where my employer is the client on the day, no employment contract between myself and agency. I plan to leave the agency and work for myself and am aware that the agency stipulates I cannot take the clients with me until a 6-month period has elapsed.

However, if the clients approach me of their own accord, am I not entitled to accept? I have not signed a contract of any kind with the agency as they are not my employer. Would I be in breach of any employment law and/or could the agency hold me liable for anything?

 

[Sophea]

While you have not signed any written contract with the agency, whether it's an employment contract or not, and whether they are your "employer" or not, if you verbally agreed to the 6 month restraint of trade, then you may still be bound by that oral contract. As far as I know restraints of trade don't need to be in writing, however if they were to take you to court it would be up to them to prove that you had agreed to that restraint of trade.

What will be difficult thought is ascertaining the precise wording of the restraint - "take clients with me" is quite broad, and it's unclear whether that would encompass situations where the client has approached you. I wouldn't think that their case to sue you for breach of restraint, is strong if you have not signed a written agreement.

 

[Edda]

Thanks Sophea, at least I now know more or less where I stand. Much appreciated.