Restrictive Covenants Can Be Challenged In Court If They Are Not Properly Drafted

A restrictive covenant is any agreement that prohibits some kind of behavior. Businesses draft noncompete agreements, nonsolicitation agreements and confidentiality agreements to prevent departing employees from causing the company harm by competing against it, sharing mission-critical company information or luring other employees to their new employers.

Restrictive covenants are important because they affect the ability of the two sides to prosper. Some restrictive covenants cannot be enforced because they are too stringent, or restrict over too long a time period. Others are written so broadly that they have no teeth. When either of these situations occurs, employees and employers alike need a lawyer familiar with restrictive covenants to present their facts and perspectives and protect their interests.

The employment law attorneys at The Employee Rights Group, LLC, in Boston, Massachusetts, represent both sides in restrictive covenant cases. We work to strike a balance, crafting agreements that preserve employers' ability to do business, without imposing onerous or unrealistic conditions on their employees or fellow businesses.

Creating Effective Restrictive Covenants

It is not difficult to draft a covenant restricting employee behavior that is aggressive and states exactly what the business expects from future, current and former employees. It is more challenging to draft a covenant that is enforceable in the court and does not generate ill will, negativity and successful lawsuits.

We know how to create these documents so they are effective for an organization, and how to oppose them when they are unfair to departing employees. Our goal is always the best result for our clients, whichever side they are on.

If there are concerns regarding the enforceability of an employer covenant, call the lawyers of The Employee Rights Group, LLC at 774-847-7390 for a no-cost evaluation of the case. You are also welcome to email us your questions.

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