Restrictive Covenants – Types of restriction

As the law has developed there are now standard means by which an employer seeks to protect each of the legitimate business interests. These are:

  1. Trade connections are ordinarily protected by means of non-solicitation (non-poach) and/or non-dealing with clients clauses. Only in very specific circumstances would a non-competition clause be used;
  2. the workforce is ordinarily protected by a non-solicitation (non-poach) of employees and/or non-employment of employees clause;
  3. trade secrets are ordinarily protected by a non-competition clause where a standard confidential information clause is deemed insufficient.

It should be noted that the courts will not restrict a departing employee from using his skills, experience and personal traits.