Restrictive Covenant Breaches
We have considerable experience in the protection of a Company's interests in terms of enforcing the post termination contractual restrictions employees are bound by and also, in defending the interests of employees against unreasonable restrictions which an employer seeks to enforce once they move on to another opportunity.
Terms which often feature in employment contracts include non-compete, non-solicit (both clients and employees of the Company in question), non-dealing and non-disclosure of confidential information. In addition, common law restrictions also often apply, particularly in relation to the mis-use of confidential information. Action taken often includes seeking emergency injunctive relief or defending the same and we have successfully protected many interests in this specialised area.
- Assessing the contractual position and evaluating the enforceability of clauses
- Evaluating evidence of breach
- Seeking damages for loss suffered
- Taking emergency action in the form of injunctions
- Defending action taken by employers seeking to prevent legitimate competition
- Obtaining injunctive relief and preventing the misuse of confidential material and the conduct of competing business for extended periods
- Obtaining undertakings relating to the mis-use of confidential information and the solicitation of clients thereby upholding the relevant restrictions and protecting our client's interests
- Obtaining damages relating to the solicitation of clients by an ex-employee
- Defending claim for breach of a non-compete clause and achieving successful compromise allowing our client, the ex-employee, to move on in their professional career