Restraint of trade clauses are complex and can be costly to enforce. It is, therefore, best practice to have well-drafted clauses within your employment agreements. If an ex-employee breaches their restraint clause, you can send them letters outlining their obligations and ask them to sign an undertaking to cease their breach. As a last resort, you can resolve the matter by going to court and.
What is a restraint of trade?
Is restraint of trade clause enforceable? How long do restraints of trade last? By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorney. RESTRAINTS OF TRADE. This decision shows that the potential inconvenience suffered by the former employee is not superior to a former employer’s right to enforce the restraint.
The purpose of enforcing a restraint of trade clause is to protect an employer’s proprietary interest. These interests are usually in the nature of confidential trade secrets, know-how and pricing or customer connections. No poaching and recruitment clauses.
Non-solicitation clauses. Confidentiality clauses.