Post Termination Restrictions can be of vital importance to a business. Their job is to limit what an employee can do with an organisation’s confidential information and trade connections once they have left their employment.
There is a myth that they are not worth the paper they are written on. This is only however true where they have not been properly drafted. Provided they relate specifically to the individual and take into account the information and connections that person has acquired in the course of their employment and do not go beyond what is necessary to protect the legitimate business interests of the organisation, there is no reason why they will not be upheld by a Court.
Our Employment Team are experienced in drafting post termination restrictions which will provide clients with an important layer of protection against unfair competition. We also regularly advise clients upon the enforcement of post termination restrictions against departing employees whether it results in securing that person’s agreement to comply with their ongoing duties once they have left their employment or compelling them to comply with them by obtaining an injunction from the Courts.
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