Confidentiality & Competition
Employers are invariably anxious to protect confidential information and trade secrets relating to their business, and also to prevent the poaching of their valued employees whose departure would place them at a disadvantage. Their documentation will often include comprehensive anti competition restraints or restrictive covenants, including provisions seeking to prevent departing employees from soliciting or having business dealings with customers and interfering with other business relationships.
Existing employees will also be subject to additional duties to their employer, including the duty of loyalty, or higher, fiduciary duties if a director or in an equivalent senior position. An employer will inevitably claim property rights over confidential information and trade secrets.
We can advise employees planning to leave their employment regarding the likely enforceability or otherwise of anti competition provisions in their service agreements, employment contracts and confidentiality agreements, and how they should approach their departure.