Post-employment Obligations: Restraint of Trade and Non-Solicitation

Article by Jason Papoutsis, Litigation Lawyer What Employees and Employers should know Quite often, when the employer-employee relationship ends, employees often forget that some of the clauses within their employment agreements often extend beyond the employer-employee relationship. Even in circumstances were no employment contract exists, employees might still owe a fiduciary duty to their employer which may extend beyond the employer-employee relationship. Common issues that often arise in relation to restrain of trade and non-solicitation include: former employees working with one of their main competitors and/or divulging trade secrets to that competitor; former employees opening up a new business which directly competes with...