Keeping your staff and confidential information safe from competitors
By Stephanie Creed
All businesses have information they consider vital to their functioning and success.
Therefore, employers are often keen to restrict access to and use of this information by their employees. This is much more easily managed while employees remain in employment, but once employees leave the business it becomes much more difficult. Restrictive covenants are one form of protection employers can use to protect access to client and suppliers and solicitation of other employees post employment.
Restrictive covenants act as a deterrent both during and after employment, courtesy of their existence and the threat of enforcement. The starting point is that restrictive covenants are void as restraints of trade (for public policy reasons), unless employers can show that the restrictions have a legitimate business interest that it is appropriate to protect and go no further than is reasonable having regard to the interests of the parties and the public…
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