An employment agreement establishes the terms of employment between an employer and employee. These agreements may also include restrictions on an employee’s conduct upon termination. Non-competition clauses restrict an employee’s ability to work for a competitor for after termination. Non-solicitation clauses restrict an employee’s ability to take customers or employees from their former employer to benefit their new employer. Generally, to be enforceable, both non-competition and non-solicitation clauses must a protect legitimate business interest of the employer and be reasonable in terms of time, geographic restriction, and scope. Confidentiality clauses prohibit employees from disclosing confidential business information obtained during employment. It is important for each of these restrictive covenants to be property drafted, so that they are enforceable when necessary. If you have questions regarding drafting an enforceable employment agreement or whether an existing agreement is enforceable, call the Business Law Group today and speak to an attorney.
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