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Post Employment Restrictions [Shared]

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Ali Alatas

on 14 March 2017

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Transcript of Post Employment Restrictions [Shared]

Post Employment Restrictions: Protecting your Organization when Employees Leave
Webinar Overview
Review of Restrictive Covenants
Discuss Key Post-Employment Restrictions:
a) Confidentiality/Non-Disclosure
b) Non-Solicitation
c) Non-Competition
Review of Best Practices
Practical and precise employment law solution
Next Webinar
Practical and precise employment law solution
Thank You for Attending!
Thursday April 20th – 9:00AM to 9:30AM

Employee Disability Management:
What you Need to Know & Do

Training Thursdays
Thursday March 16, 2017
9:00AM to 9:30AM EST
Post Employment Restrictions: Protecting your Organization when Employees Leave
What are Restrictive Covenants?
Contractual clause(s) which restrict the activities of a worker
Used to protect an Employer’s legitimate business interests
Can operate during the working relationship and after the relationship ends
Presumed by Canadian law to be unenforceable
Protects the Employer’s private information such as trade secrets, customer lists, business strategies, pricing, customer confidential information
Is a common law duty owed by the Employee to the Employer both during and after employment
Does not apply to information that is public or information that must be disclosed by law
Protects interference with the Employer’s clients, employees, contractors, suppliers etc.
Enforceable if reasonable and included in the Employment Contract
Should be time bound and limited in scope
Prevents a former Employee from joining a competitor or starting a competitive enterprise
Presumptively unenforceable based on public interest
Should be narrow in scope, duration and geography
Fiduciary Employees
Employees who play a key role within an organization
Owe a common law duty of loyalty, good faith and avoidance conflicts of interests/self-interests both during and after employment
Best Practices
Drafting Covenants
Include covenants in Employment Contract; avoid multiplicity
Create separate covenants
Use covenants selectively based on role and risk
Enforcing Covenants
Avoid Employment Contract breaches
Put departing Employees (and their new employers) on notice
Act strategically and swiftly if breached
Full transcript