Employers have long required executives and professionals to enter into agreements that attempt to limit their ability to accept and pursue future job opportunities or business relationships. These restrictive covenants include “non-compete” and “non-solicitation” agreements which restrict the ability of the employee to work for a competitor or solicit clients, customers and employees following the termination of their employment. But what was once an issue faced solely by executives, physicians, accountants, investment bankers, financial and sales professionals is now being used more routinely by employers in other areas of the economy.
We have substantial experience in representing and counseling our clients at all points in the employment relationship where restrictive covenants arise — before they are entered into, once the client decides to move to another employer or open a new business or firm and after a new position is secured and the client is threatened with potential or actual litigation seeking to enforce the restriction by means of an injunction or collect damages. Our team has a successful track record of helping clients avoid or successfully defend restrictive covenant litigation, including employing dynamic and hard-hitting legal strategies.