It is common for clients to seek advice about the legality of non-competition and non-solicitation clauses (sometimes referred to as “restrictive covenants”) in their employment contracts. For someone who has recently lost their job, the idea of having to give up working in their field or face risking a law suit can present a serious dilemma.
On the other hand, employers often share key confidential information with their employees and trust them with their clients, product and know-how, so if the employment relationship is terminated, they want to put conditions in the employment contract in an attempt to bring a reasonable level of protection to their commercial interests.
We have experience drafting such clauses to ensure that they are enforceable. If an agreement is unduly restrictive, and therefore unreasonable, a court will not enforce it or, alternatively, it will remove the unreasonable parts of the agreement or clause.