What do you mean, we don’t have a non-compete? Protecting your company in the absence of written restrictive covenants
However, what if a search through the departing employee’s file reveals no written restrictive covenants? Can the company do anything to stop the employee from working for the competitor?
While garden leave clauses are attractive because they appear less threatening on their face, unless carefully crafted, they can leave an employer without realistic enforcement options.
Employers devote substantial resources, in terms of both time and money, to develop proprietary products and services and to train employees.
Too often, companies head to court when an employee violates a post-employment covenant, only to have the court refuse to enforce it.