Employees are often prevented from working for competitors, or from poaching clients or fellow employees, through post termination restrictions in their contract of employment. The restrictions can appear onerous and impact the employee for many months after leaving their employment.
Our clients approach us before signing up to restrictive covenants requested by a new or existing employer, or when they are contemplating departure.
We advise on the impact and enforceability of such clauses. We also assist in negotiating with our clients’ employers, either to waive or to modify proposed terms to make them less restrictive.
We also work with clients accused of breaching restrictive covenants and draft any necessary responses.