Posted on September 28, 2023
Kathy Nguyen
What are employment restraints?
Employment restraints are terms in your employment agreement that can restrict or limit your future employment for a certain period of time and/or distance from your current place of work and can be enforceable upon termination of your employment. Common employment restraint clauses cover non-compete, non-solicitation, confidential information and/or intellectual property of a business.
Do they apply to me?
The Court will consider whether such employment restraints are reasonable and they are only enforceable insofar as they are necessary to protect a business’s legitimate interests.
Furthermore, the Court is generally reluctant to impose restrictions and/or limitations on someone’s ability to work.
Allegations of breach of contract
If you receive a letter from your previous employer, alleging a breach of employment agreement in relation to employment restraints, we can provide assistance.
What we will do:
- Receive instructions in relation to your previous employment and conduct a detailed review of your employment agreement;
- Provide you with a letter of advice; and
- Respond to the letter you received from your previous employer.
At this stage, if your previous employer does not have a legitimate claim, the matter will typically end here.
If the matter progresses, the team at Scanlan Carroll can provide further assistance and determine the next steps to resolve the matter and if possible, avoid the need to have the matter heard at Court.
If you have any concerns in relation to your employment restraints, please contact the Scanlan Carroll team for further information.
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