Insights. Advice. New Thinking.
When a key employee subject to an employment restraint leaves a business to join a competitor, fast decisions need to be made to protect client goodwill or guard against misuse of confidential information.
The more leverage an employer has against the former employee and his or her new employer, the better the prospects of negotiating a sensible solution quickly or, failing that, taking successful legal action.
Continue Reading Leveraging employment restraints to protect business assets
In the latest of our series of post-employment protection blog posts, we consider the compliance and regulatory issues that need to be thought through when drafting an effective post-employment restraint.
Continue Reading Restraint payments – compliance issues
Following on from our first blog on post-employment protections, we will now look at the different types of restraint, and work through a checklist of questions employers should ask themselves when drafting a restraint to make sure it’s the right fit.
Continue Reading Drafting and litigating post-employment restraints – Tailoring your restraint to ensure the right fit
Drafting and enforcing post-employment restraints has a lot in common with good medicine. It is necessary to prescribe only the “minimum effective dose” – the amount of medication to produce the desired outcome with minimum side effects. Draft a post-employment restraint too narrowly, and it provides no remedy. Draft a restraint too broadly, and toxicity sets in – it won’t be enforceable.
In our series of post-employment protection blog pieces, we will tackle each of the main legal and commercial issues involved in drafting and litigating post-employment restraints and unpack our Post-Employment Protections Legal Dimension map. We will examine best practice approaches and the tactical issues that need to be thought through.
