An employer who seeks to prevent departing employees from joining competing organizations by using restrictive clauses within employment contracts is not something new, but in doing so employers may risk developing a negative reputation for insisting that they be signed by new and/or potential recruits.

As well, the trend toward the use of more specific and forceful language in those clauses is emerging, sometimes including an actual list of prohibited companies an employee could choose to work for upon dismissal. This type of restrictive covenant must be well-drafted and considered fair, reasonable and balanced with regard to the duration, geography and activity the clause seeks to restrict to be enforceable.

Let MacDonald & Associates protect your interests by reviewing existing employment contracts to determine whether they will be enforced, or draft new clauses of this nature to ensure their admissibility in court.