Compromise Agreement Solicitors & Lawyers » Non Solicitation

Employment Law, Restrictive Covenants, Employment Contracts, Compromise Agreements

admin — Tue, 17 Jan 2012 09:31:51 +0000

We often advise on other post-termination provisions (that is, aside from confidentiality), including non-solicitation and non-compete provisions.

Non-solicitation provisions prohibit ex-employees from soliciting/dealing with certain individuals closely related to their ex-employers (employees, customers and suppliers).
Non-compete provisions prohibit ex-employees from setting up a business which may be seen as a competitor to the ex-employer.

Normally, post-termination restrictions will last for 10-12 months. The idea behind them is to protect the ex-employer’s legitimate interests. However, it is possible for restrictions to be seen as too wide in scope by the Courts and therefore unenforceable.

Legal advice should always be sought in relation to post-termination provisions.

If you require further information about redundancy law, please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2012. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Post-termination Provisions in Employment Contracts, Compromise Agreement

admin — Fri, 21 Oct 2011 15:41:08 +0000

Even when an employee is signing a compromise agreement, the employee should always refer to the post-termination provisions in the employee’s employment contract. If in doubt seek advice on employment law.

If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2011. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Employment Lawyers – Restricitve Covenants Compromise Agreements

admin — Wed, 10 Feb 2010 23:53:44 +0000

Continuing with Restrictive Covenants

An employer may restrict an employee with regards to clients:-

The employee shall not at any time during the period of twelve months from the employee’s termination date (provided that nothing in this clause shall prevent the employee seeking or doing of business which is not competing business):

either directly or indirectly, solicit, canvass or approach or endeavour to solicit, canvass or approach, either directly or on behalf of the employee or the employee on behalf of any other person, firm or corporation, any of the business of any client of the employer with whom the employee had dealings in the course of the employee’s employment at any time in the period of twelve months preceding the employee’s termination date: and

Twelve months is reasonable for such restrictions.

If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages:

© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Compromise Agreements – Non Solicitation Clauses – Restrictive Covenants

admin — Wed, 03 Feb 2010 08:49:42 +0000

Where employees are senior executives, employers are reinforcing the non solicitation clauses in the compromise agreement even though such clauses are already set out in the employee’s contract of employment.

A restrictive covenant in relation to other employees might state:-

The employee shall not at any time during the period of twelve months from the date of termination of your employment (twelve months is typical and enforceable):

either directly or indirectly, solicit or entice away or endeavour to solicit or entice away from the employer or any Group Company of the employer either on the employee’s behalf or on behalf of any other person, firm or corporation, any person employed by the employer or any Group Company of the employer at the termination date with whom the employee shall have had dealings in the course of the employee’s employment at any time in the period of twelve months preceding the employee’s termination date whether or not any such person would commit a breach of contract by reason of the person leaving the employer.

If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages: