Restrictive Covenants

Know your options and what to do

The employment law attorneys at Vladeck, Raskin & Clark, P.C. help individuals evaluate courses of action when faced with restrictive covenants.

What are restrictive covenants, and can they be overcome?

Broadly defined, a restrictive covenant is anything that prevents you from doing something. In business, such restrictions could include things like non-compete agreements that prevent you from working in certain jobs or industries for a specified period of time. Some restrictive covenants are unenforceable; others are too broadly written. The enforceability turns primarily on the facts of each case.

There may be no need to restrict you

Restrictive covenants standing in the way of your opportunity for current or future employment is a very serious matter for all parties concerned. Such restrictions typically exist to protect businesses from being disadvantaged by the departure of employees because of their:

• Special skills and training
• Product or intellectual property knowledge
• Customer relationships

However, the things that make a worker valuable to one company are what make them valuable in the industry, and nobody wants their ability to work impeded because of a rule that may be unlawful or irrelevant to their situation.

Let us help you get it right

If you are presented with a restrictive covenant, it is important to seek legal advice before you sign-you cannot assume that it is not enforceable or that it will not affect your subsequent employment opportunities. If your prior employer is seeking to prevent you from taking a position in a specific industry or job because of a restrictive covenant, we invite you to speak with one of our attorneys.

We have deep experience and background in creating these documents and in finding ways to remove or limit them. Our firm always seeks the best possible outcome on your behalf.