It is a common misconception that post termination restrictions are unlikely to be enforceable and can only act as a deterrent to employees. Whilst restrictions often act as a deterrent to employees who are leaving an organisation, for restrictions to be enforceable, they must be drafted to protect your legitimate business interests and tailored to the employee’s position and responsibilities. Restrictive covenants often act as a strong deterrent for employees to act in breach of the terms. If you consider that an employee has breached the terms of any restriction, it is important to act quickly and obtain advice to limit any potential damage to your business. We can assist with any required court action to enforce the restrictions and recover any loss you may have suffered.
In order to protect your business, you may require employees to be subject to restrictive covenants and enhanced confidentiality obligations. It is important that these are carefully drafted and considered to maximise their enforceability.
We can advise you on what may be necessary and draft these for you.