Restrictive Covenants (Employer)
The departure of a valued employee or team often raises sensitive and complex legal issues which in our experience need to be addressed as a matter of urgency. At Clarkslegal we have extensive experience advising employers in situations involving restrictive covenants, team moves and injunctions.
Also we advise employers who are recruiting a team from a competitor as well as those who are seeking protection and/or damages in the Courts where a team has moved to a competitor.
The tell-tale signs that something is not quite right:
An employee leaves the company, soon after the departure it comes to your attention that he/she is:
Surely this can’t be fair but what can you do?
The answer to the question is simple, what do you want to do? At Clarkslegal we understand that assets such as confidential information, trade secrets, people and relationships are fundamental to your Company’s success and protecting them is always a priority.
What you do next is important, you need to act quickly and appropriately. We can guide you through the necessary steps which usually include:
Getting it Right from the outset
Our team of specialist employment lawyers is here to help you protect these assets from the outset. We do this by, drafting reasonable, workable intellectual property rights clauses, confidentiality clauses and post termination restrictive covenants into your employee’s contract of employment. Where such clauses are breached our employment lawyers are on hand to advise you on the most appropriate course of action you can take to remedy the situation; be that an injunction, mediation or legal proceedings and if the matter does proceed to court, the recovery of damages against the offending employees.