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Compromise Agreements – Non Solicitation Clauses – Restrictive Covenants

February 3rd, 2010 · 5 Comments · About Compromise Agreement Blog, Breach of Confidential Information, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Confidentiality Provisions in a Compromise Agreements, Contract of Employment, Keeping the Terms of your Compromise Agreement Confidential, Non Solicitation, Restrictive Covenants, Signing Compromise Agreements, Termination Date, Termination of Employment, Your Compromise Agreement is a Binding Contract

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.

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© 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.

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