Restraints of Trade and Protecting Confidential Information

Restraint of Trade clauses and Confidentiality clauses are commonly found in employment agreements. Together, these clauses play an important role in protecting an employer’s business interests, both during the working relationship and after it has ended.

At Coleman Greig we can provide advice at the start of the employment relationship on how to include these tools in an employment contract – to clearly define your expectations of the employee – as well as how best to ensure the clauses are adhered to.

Once the employment relationship has ended, Coleman Greig can also provide:

• advice on drafting, application and enforcement of restraints on post-employment competition or solicitation of customers, suppliers or employees and protection of intellectual property and confidential information

• practical advice on whether or not to enforce restraints against former employee

• practical advice on whether a former employer’s restraints on an employee can be enforced

• risk management advice on responding to threats or disputes, or commencing, or not commencing, litigation
• conducting litigation where required.