Arguably one of the most important and highly discussed sections of an employment contract, are the restrictive covenants. These seek to limit activity of an employee post termination.

This could be for example, to prevent an employee working for a competitor, soliciting clients or other employees, or working within a set mileage radius.

Enforcement of restrictive covenants can mean that former employers seek an injunction against an employee, contact their new employer to alert them to the covenants that the individual is subject to, and/or pursue the individual for damages. The enforceability of covenants, and their reasonableness, would ultimately be for the court to decide.

Our team can clearly advise you on covenants that may be in a prospective employment contract, or in your current contract when you may be looking to exit your position. We can help you understand exactly what restrictions you are (or could be) bound by and support you in taking the next steps.

Our team is well versed in advising on a range of non-solicitation, non-poaching, non-dealing and other restrictive clauses, and would be happy to assist you with understanding how these covenants will affect your actions post-termination.