Restraints of trade are special clauses you can insert into employment agreements. They can curb what employees do after their employment with you ends. However, they must be reasonable if you hope to enforce them through the Authority or Court. But it may not be employees that concern you. Your fear
Sometimes your job can curtail your freedom when you decide to leave. This can happen when you agreed to a restraint of trade clause in your employment agreement. Restraint of trade clauses can take various forms. One common restriction prohibits you from soliciting your former employer’s clients or customers for
How would you feel if you had to delete all your LinkedIn connections when you left your job? Given the importance of online networks nowadays, it is worth considering whether your employer could ask you to do this. And while you might asking you to de-link yourself would be an
There’s no shame in wanting a little extra income. One way to do that is to “moonlight” – earning some extra cash on the side in addition to your main job. Yet the very fact that you are getting a second job could be a concern to your main employer.
“Oh no, I have a restraint of trade in my employment agreement!” That was the thought that went through the mind of a client of mine. He had already resigned and was looking forward to his new job. However, he had forgotten that, in the long distant past, he had
I often hear employers and employees say restraint of trade clauses are not enforceable and that we don’t need to bother with them. That’s not exactly true. In fact, not so long ago the Employment Court encouraged us all to take post-employment restraints more seriously when it declared: ‘Gone are
