Garden Leave Provisions: Can They Help Fight Unfair Competition by Former Employees?
14 January 2009
Mayer Brown Legal Update
Employers in the United States frequently utilize non-competition and non-solicitation agreements to try to minimize the business risks that arise when employees depart to join a competitor. However, these agreements sometimes do not have the intended effect, as many employers have learned, because courts are often reluctant to issue injunctions to enforce them due to the potentially detrimental financial impact on the employee and the employee’s family.