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Restrictive Covenants and Departing Employees

This article is intended to offer general comments on legal developments of concern to individuals, business and legal professionals and is not intended to provide legal opinions. Readers should seek legal advice on the particular issues that concern them. © March 2005.
Non Disclosure Agreements, Non Solicitation Agreements and Non Competition Agreements

Non disclosure and confidentiality agreements, are typically used in situations where an employer wishes to protect their confidential information, (i.e. trade secrets, customer lists) from being used by former employees to unfairly compete with them and or be disclosed to third parties.

Non solicitation agreements are agreements that prohibit a departing employee from actively soliciting the clients of their former employer.

Non competition agreements are an attempt by a former employer to restrict an employee’s ability to compete with them. These types of agreements have often been held as being a restraint of trade and thereby void because it is against public policy.

Our lawyers assist both employees and employers with respect to the obligations and responsibilities of departing employees as well as the appropriateness and enforceability of these agreements. We also assist employers in carefully drafting these agreements, with a keen eye to ensure that their interests are protected and, if need be, they would be enforceable.

In addition, we vigorously defend employees who are alleged to have breached their obligations to their former employer.

Please contact our law office if you would like advice related to a legal issue.

 
 

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