Negotiating and Drafting Agreements for Employers

Restrictive covenants, also called non-compete provisions, non-solicitation agreements, confidentiality and non-disclosure agreements,  are all post-employment restrictions that employers place on their employees.  These agreements prohibit an employee from soliciting customers and employees of the employer following the employee’s termination from employer; they may prohibit employees and former employees from disclosing trade secret and confidential or proprietary information of the company, and even may preclude former employee from competing by not working in a specific industry, position, or geographic area for a specified period of time.

The enforceability of these provisions is dependent on the language of the agreement and the scope of the limitation, and often depends on the specific factual circumstances of each case.  Courts generally will enforce confidentiality provisions and are reluctant to enforce provisions aimed at stopping competition.  It is the cases involving alleged solicitations of customers and employees that tend to end up in litigation.

At ZH, we have represented clients on all sides of restrictive covenant claims – employers seeking to enforce, former employees seeking to avoid, and new employers seeking to protect their investment in a new employee.  We have had success both in defending and prosecuting restrictive covenants claims and are available to put our experience in these cases to work for you.  Our experience includes a diverse array of professions and industries, including sales, staffing, consulting, pharmaceuticals, veterinarians, physicians and medical practices, manufacturing and distribution.

We also draft restrictive covenant agreements for employers to give the highest likelihood that a court actually will enforce the limitation under appropriate circumstances.  Contact us if you need assistance with a restrictive covenant issue.