There is a need to balance the desire of an organization to protect its business, with the needs of an individual to earn a living. Our courts will look critically at all restrictive covenants in order to ensure that they are reasonably necessary and that the terms are reasonable. Typically, non-solicitation clauses in an employee’s signed employment contract are preferred to non-competition clauses, unless there is a valid reason to have the latter. These restrictive covenants help provide protection and assurance to an employer by limiting or eliminating the potential of post-employment competition, without precluding an individual from working in the industry where they have their experience, knowledge and contacts.
Boilerplate language will not achieve the goals of an employer that wants to confidently rely upon a restrictive covenant. This type of restrictive covenant must be well-drafted and designed specifically for the industry, organization and position in question. Let Rudner MacDonald protect your interests by helping you to create covenants that will be enforceable and effective.