If You Haven't Created a Restrictive Covenant, It's Time You Did

What may employees (or new employers) do to defend against claims of wrongful conduct? You may have heard of a non-solicitation agreement because of high-profile cases involving executives or broadcast personalities invited to join a competing employer. So, it comes down to what an employer can do to prevent competition legally. The employment lawyers in our Bucks County and Montgomery County law offices can help draft an appropriate restrictive covenant to avoid legal concerns down the road.

Our employment attorneys routinely draft non-compete, non-solicitation, and confidentiality agreements. But they also handle a great many other issues relating to non-solicitation agreements and, more broadly, restrictive covenants:

  • Litigation to enforce a restrictive covenant
  • Advise and represent employers in disputes over the theft of trade secrets and confidential business information
  • Pursue claims that employees have taken business opportunities to a new employer in violation of the duty of loyalty to a former employer
  • Defend departing employees and future employers when former employers push too hard to enforce restrictions

Read more about Non-Solicitation Agreements- The Third Rail of Employee Mobility Law by employment attorney Thomas D. Rees.

Types of Restrictive Covenants

There are seven types of restrictive covenants, including:

  1. Litigation to enforce a non-solicitation agreement
  2. Specific non-compete agreement
  3. Customer non-solicitation covenant
  4. Employee non-solicitation covenant
  5. Confidentiality or non-disclosure clause
  6. Garden leave
  7. Assignment of property rights

Each of these seven restrictive covenants seeks to avoid competition in various forms and levels. You can get more details on each by reading this post, seven types of Restrictive Covenants. In addition, you can gain more insights into restrictive covenant enforcement here.

Trust Our Experienced Employment Lawyers

When representing a client in an employee mobility dispute, our employment lawyers draw on a large body of knowledge. For example, our attorneys helped write and edit multi-state guides on restrictive covenants not to compete, trade secrets, the employee's duty of loyalty, and tortious interference with employment contracts. In addition, our employment attorneys have a working knowledge of federal trade secrets and computer fraud statutes. Finally, they understand the effect of social media usage on employee mobility. Read employment lawyer Thomas D. Rees' take on non-solicitation agreements and employee mobility.

Enforcing a Restrictive Covenant Agreement

Employee mobility legal services require litigation skills and business law knowledge of the specific issue. Our employment lawyers have had extensive experience in injunction proceedings, both in enforcing restrictions and in seeking to avoid restrictions. We work in federal and state trial and appeals courts in Pennsylvania and other regional states. In addition, our employment law attorneys handle matters before arbitration panels. We work hard to obtain quick, decisive, and workable results for our clients. If you'd like to learn more about enforcing non-compete agreements, you can read this article, What Makes a Post-Employment Restrictive Covenant Enforceable?

Understanding Garden Leave

Garden leave is a serious issue for employers. In a nutshell, it refers to an agreement where an employer pays a departing employee not to work before that employee. While the employee is on garden leave, the previous employer has the opportunity to contact the departing employee's customers to retain them. The departing employee has what amounts to a paid vacation and cannot work for a competitor during this period. Once this period ends and the employee starts with the new firm.

Garden leave gives you, as an employer, the opportunity to protect your business in the event a key employee leaves to go to a competitor. To learn more about the topic, check out this post, What is Garden Leave? In addition, our employment attorneys can work with you on this specific restrictive covenant agreement to protect your business.

Protect Your Business with a Restrictive Covenant Agreement

It only makes sense that you have some non-solicitation agreement in place to protect your business from an employee leaving and moving to a competitor. If you'd like to learn more about enforcing a restrictive covenant or are looking to enforce one, contact one of the employment lawyers at our Bucks County and Montgomery County law firm near you at 610.275.0700.



Employment Agreements Attorneys

Thomas D. Rees

Thomas D. Rees | labor employment Attorney | High Swartz Attorneys at Law

Labor & Employment Attorney Thomas D. Rees handles litigation and dispute resolution for businesses and schools in and around Pennsylvania.

Joel D. Rosen

Joel Rosen | corporate law attorney at High Swartz Attorneys for Law

Managing Partner and corporate law attorney Joel D. Rosen has 30+ years experience practicing law in employment, franchise and business areas.

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