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This is because of its potential to be anti competitive, and therefore against public policy. Restrictive covenants are only enforceable if their effect is stringently restricted to what is essential to protect particular business relationships and information.
Post-Termination Period means the period beginning on the date that the Key Employee's employment terminates and ending on the first anniversary of such date.
An employment termination agreement is an agreement between employee and employer to end an existing employment contract without giving prior notice although the agreement must be made mutually.
Severance contracts that contain a release of all claims against an employer in exchange for severance pay or other benefits are legal, enforceable, and binding.
Post-Termination Obligations means any obligations owed by an Eligible Individual to the Company or any of its Affiliates which survive such Eligible Individual's employment with the Company or its Affiliates, including, without limitation, those obligations and restrictive covenants (including covenants not to compete
Therefore, a restrictive covenant may still be enforceable if you have been dismissed or been made redundant. There are only very narrow circumstances when a restrictive covenant will not be enforceable following a dismissal.
It provides that a restrictive covenant is reasonable, and thus, enforceable, if: (1) its terms are no greater than is required to protect the employer's legitimate business interest; (2) it does not impose undue hardship on the former employee; and (3) it is not injurious to the public.
California's strict public policy against the enforcement of restrictive covenants, which is embodied within its Business and Professions Code, provides that every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void. Cal.
Non-compete clauses and restrictive covenants are highly enforceable in the UK in order to protect the business the employee is leaving. They have to be narrowly defined and should only stay enforced for the time that is required to protect the business.