Restrictive covenants – Post-termination restrictions

A restrictive covenant restricts an employee’s actions after leaving a company, typically pertaining to clients, confidential information, and competitive employment.

MSRS-restrictive covenants

Understanding Post-Termination Restrictions

Employers often include post-termination restrictive covenants in employment contracts, aiming to prevent former employees from soliciting clients, using confidential information, poaching colleagues, and, in some cases, working for competitors.

Legal and Financial Implications

Challenging the enforcement of such restrictive covenants typically involves seeking injunctions or claiming damages, which can incur substantial costs. If unsuccessful, you may be responsible for covering not only your own expenses but also those of the opposing party.

Our Approach and Expertise

We provide guidance on the enforceability of these clauses, whether at the start of your employment when you sign the contract or upon termination. Our team provides strategic advice on how to respond to an employer’s efforts to enforce restrictions through pre-litigation negotiations. In the event that litigation ensues, our dispute resolution experts will zealously defend against any claims brought against you.

Protecting Your Interests

It’s not uncommon for proceedings to also involve your new employer, accused of inducing you to breach your previous employment contract. Our solicitors can represent your new employer’s interests in these complex situations, thereby ensuring comprehensive legal protection.

Seeking Advice

For more detailed information on restrictive covenants and how they may affect you, please don’t hesitate to reach out to a member of our team. We are committed to providing you with the clarity and support needed to navigate these intricate legal matters effectively.