One way to protect the investment you make in your employees is to have them enter into enforceable restrictive covenants. The employment lawyers at Dentons can assist you with drafting and litigating restrictive covenants typically found in employment-related documents, such as:

• Offer letters
• Employment agreements
• Equity grants
• Employee handbooks
• Stand-alone restrictive covenant agreements
• Separation agreements

Basic restrictive covenants usually fall into one of four categories:

1. Confidentiality provisions, which prohibit the disclosure of certain confidential and proprietary information
2. Non-competition provisions, which prohibit an ex-employee from working in a competitive business for a specified period of time after the employment relationship ends
3. Non-solicitation of employees provisions, which prohibit an ex-employee from soliciting the former employer’s employees for a specified period of time
4. Non-solicitation of customers provisions, which prohibit an ex-employee from soliciting the former employer’s customers for a specified period of time

Dentons will work with you to draft strong, enforceable restrictive covenants and other provisions that clearly inform employees of their duties to their employer and provide your best protection against the loss of confidential information, customers, and other employees. Should a former employee breach these covenants or other common law duties, we can help you to assert claims such as breach of contract, breach of fiduciary duty, tortious interference or unfair competition. And in situations involving a competitor’s attempts to hire your employees or departing employees’ misuse of confidential information, use Dentons’ experience across all industry sectors to guide you on how to best protect your rights. In the event of litigation, our employment teams understand the procedural and substantive laws involved in obtaining or opposing expedited discovery, temporary restraining orders and preliminary injunctions.

And in situations where a competitor hires, or is interested in hiring, multiple employees of your organization, use Dentons’ experience across all industry sectors to guide you on how to best protect your rights. In the event of litigation, our employment team understands. We have the experience to successfully litigate on your behalf, efficiently and to conclusion.

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