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In broad terms, restraint of trade clauses are enforceable to the extent “reasonably necessary” to protect the “legitimate business interests” of the employer.The law will, for example, protect your employer’s trade secrets, confidential information, customer connections and staff relationships.We provide advice in relation to all aspects of employment contract law and can ensure that your current rights and future interests are protected.If you have concerns about your current employment contract, or are negotiating the terms of a new contract, talk to us today about how we can help.Before signing an employment agreement, make sure you read and understand all parts of the contract, particularly any non-compete and restraint of trade clauses.If you believe a non-compete or restraint provision is or will be unreasonable, you should consider negotiating a change in the clause before signing the contract.
Our executive employment lawyers are particularly well-versed in breach of contract and restraint of trade matters and have successfully conducted some of the country’s most significant employment contract law cases. Employment contracts may be created orally, in writing, or be partly oral and partly written.
Restraint of trade clauses are intended to protect the employer’s business interests.
These clauses attempt to regulate an employee's conduct while still engaged in the employment relationship and to restrict a former employee's conduct after the employment relationship has ended.
In a contract that is partly oral and partly written, the express terms will include both the written terms and any terms agreed verbally.
On rare occasions documents other than the written contract, such as policies, may be included in the contract.