A company’s trade secrets and confidential information are its lifeblood. It is widely accepted that an employer is entitled to include a restrictive covenant, or non-compete clause, in a contract of employment, and courts have historically recognized a common law right to protect trade secrets and confidential information. Courts have also recognised the obligation of an employee not to compete with his or her employer while employed.
Any restrictive covenant should be reasonable in terms of its geographical scope, duration and the subject matter it seeks to protect.
Tully Rinckey employment law solicitors can assist with determining the most viable course of action should court proceedings issue in respect of same. In addition, we have extensive experience in advising on and drafting these covenants.