Common Restrictive Covenants in Separation Agreements
Separation is never easy, but if it happens to you, it is important to review your Separation Agreement with an attorney to make sure that it is fair but also not in violation of any federal, state, local laws and customs. Some common restrictive covenants in Separation Agreements are listed below.
Non-Solicitation ClauseA non-solicitation clause restricts a former employee from soliciting for employment other employees or customers for a period of time after a separation of employment.
Non-Disparagement ClauseA non-disparagement clause restricts what a former employee can say about the employer following a separation of employment.
Parties can define it how they want, as long as it does not violate any federal/state law.
Non-Competition ClauseA non-compete clause restricts a former employee from working for competitors or defined groups of competitors for a period of time after a separation of employment. They are governed by state law, which varies a great deal.
Non-Disclosure ClauseA non-disclosure clause restricts what trade secrets, confidential and/or proprietary competitive information, if any, a former employee can disclose after a separation of employment.