Restraint of Trade

What is a restraint of trade?

Your employment contract may include a restraint of trade clause which is drafted to protect the business from loss related to employees poaching clients or disclosing confidential information.

Do you have concerns or questions about your restraint of trade?

We can review your restraint of trade and provide you with an advice on its legitimacy.  In general, restraint of trade clauses are difficult to enforce because the Courts do not want to restrain or stop a person from carrying on a business or trade.  For a restraint of trade to be acceptable, it must not go any further than what the Court considers necessary to protect a legitimate business interest.

What are your legal options?

If your employer has asked you to sign a restraint you may have the option to refuse or if you have been accused of breaching a restraint it is important that you seek legal advice before replying.

How do our employment lawyers help you?

We can review your restraint and advise about its legitimacy.  we can also assist you in defending an accusation of breaching your restraint.

Frequently Asked Questions

Am I able to quit my job and take clients with me?

Usually no, but if you do it is a good idea to get a better understanding as to your exposure if you do.

Can I take my IP with me?

This depends on what you have signed and what type of job you have.  There is no real easy answer to this question.  We recommend that you get assistance for this question.

My restraint of trade clause extends to almost everything I might do, is this unreasonable?

Restraint of trades are complicated.  It is important that you understand exactly what the issues are so that you may be fully informed as to your liability.

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