Employment Contract Libertyville Attorney
Restrictive covenants are often used by employers to protect the investment that they make in an employer. Restrictive covenants most often limit the options that an employee has with respect to future employment with the employer’s competitors. Such agreements are often referred to as non-compete agreements or covenants not to compete. Other types of restrictive covenants include non-solicitation agreements and confidentiality agreements.
Because restrictive covenants can be seen as a deterrent to competition and employment, courts tend to closely examine the terms of the agreement by balancing the needs of the employer to protect its business information with the needs of the employee to engage in gainful employment. Accordingly, whether you are an employee or employer, it is highly recommended that you consult with an employment attorney before entering into an agreement with a restrictive covenant, such as a confidentiality agreement or non-compete agreement.
The Libertyville employment law firm William J. Provenzano & Associates, Ltd. has extensive experience in counseling and representing clients in connection with all types of employment agreements. We review the agreement, advise clients of their options, and negotiate favorable agreement terms on our clients’ behalf. We represent both employers and employees.
Contact our office at (847)816-6588 to learn more about how we can help you with your restrictive covenant or other employment contract.
Confidentiality agreements – or nondisclosure agreements – are often used to protect valuable company information, such as trade secrets, manufacturing process, product formula, or customer lists. Under the terms of a typical confidentiality agreement, the employee agrees to protect and not disclose the confidentiality of company confidential or proprietary information that he or she learns through the course of employment. Confidentiality agreements are frequently used in the technology industry, but they can be used in any industry and any business.
In order to be valid and enforceable, a confidentiality agreement must define the protected information, list any exclusion from protected information, specify the obligations of the employee, and identify the time period of confidentiality.
A non-compete agreement – or covenant not to compete – is an agreement made by the employee to not engage in a business or profession that competes with the employer. A non-compete agreement can be a stand-alone contract or a clause included within some other employment contract, such as an executive compensation agreement, confidentiality agreement, or severance agreement.
In order to be valid and enforceable, a non-compete must specify the time period, scope, and geographic location in which the employee is prohibited from competing with the employer. If a non-compete agreement is overly broad, the court could find it invalid and unenforceable. Accordingly, it is recommended that businesses consult with an employment contract lawyer before finalizing the terms of a non-compete contract.
Similarly, employees should consult with a non-compete agreement lawyer before signing the agreement since it may have a significant impact on the employee’s future job options.
Contact an Employment Attorney
For more than 30 years, Libertyville employment lawyer William J. Provenzano has been advising clients with respect to various employment agreements – including severance agreements, executive compensation agreements, confidentiality agreements, non-compete agreements, and other restrictive covenants. Contact our office today at (847) 816-6588 to discuss your case and schedule a consultation with our Lake County employment contract attorney.