Restrictive Covenants

Posted in : How Do I Handle It ROI on 15 January 2013
Michelle Ryan
Ronan Daly Jermyn
Issues covered:

I am hiring a senior manager and I have a concern about our commercial secrets. I would therefore like to include a restrictive covenant in the contract of employment, but I have heard that they are very difficult to enforce. How do I ensure that any restrictions are enforceable post termination of employment? How do I handle it?

Michelle Ryan writes:

One of the main means through which commercial secrets fall into the hands of competitors is through disclosure by former employees, as a result many employment contracts contain restrictive covenants/non compete clauses to protect commercial secrets and interests. But employers must be able to enforce such covenants against former employees.

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This article is correct at 06/08/2015
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Michelle Ryan
Ronan Daly Jermyn

The main content of this article was provided by Michelle Ryan. Contact telephone number is +353 21 480 2700  or email michelle.ryan@rdj.ie

View all articles by Michelle Ryan