Employers often have a legitimate need to restrict the post-employment activities of a former employee, particularly if the employee had access to the employer’s trade secrets, customer information or other proprietary and confidential information. These restrictions, often referred to as “restrictive covenants,” most often protect the employer’s confidential information and restrict the former employee’s ability to work with a competitor and/or solicit the former employer’s customers and employees. Generally, non-compete and non-solicit agreements will be upheld by the courts in this jurisdiction provided the employer has a legitimate protectable interest at stake and the restrictions imposed on the employee are reasonable in terms of geographic scope and duration.
Marc has substantial experience preparing agreements containing such restrictive covenants for his clients and has also successfully enforced such agreements in litigation against former employees who have violated the provisions of their non-compete and/or non-solicitation agreements.
Marc also advises private sector employees with respect to their obligations under confidentiality, non-competition and/or non-solicitation agreements. Employees involved in sales or who may have access to sensitive and proprietary information are often asked to sign agreements that prohibit the disclosure of confidential information and that contain non-compete and/or non-solicitation provisions. In the event your employer presents you with an agreement containing any restrictions on your post-employment activities, you should always seek legal counsel prior to signing the agreement so you fully understand your rights and obligations should you subsequently leave your job.