Post-termination restrictions
Restrictions – the many challenges
Regardless of political attention and new complex legislation, non-competition and non-solicitation clauses are still an issue for many employers who need to protect their customers and suppliers or need complete protection against competitors. The protection afforded under legislation often proves insufficient, so many employers have a need for considering a contractual supplement in this regard.
Legislation has become stricter, which means that it is increasingly difficult and expensive to navigate the area. However, there is still room for manoeuvre when you know how. Our clients have a growing need for assistance in adjusting to the new realities relating to post-termination restrictions.
We recently
- assisted a number of clients in drafting clauses to comply with the new and complex rules on post-termination restrictions
- helped several clients define what obligations new employees may have to their former employers
- advised on disputes concerning interpretation and negotiation of the scope of clauses
Contact
Information about Post-termination restrictions
Funktionær eller ej(er)?
En kundeklausul indgået i en ejeraftale kunne ikke opretholdes, fordi kapitalejeren reelt skulle betragtes som funktionær.
Bordet fangede – til sidst
En kundeklausul efter funktionærloven kunne opretholdes i en ny ansættelseskontrakt, selvom ansættelsesklausulloven var trådt i kraft. Bordet fangede dog, da medarbejderen i forbindelse med opsigelsen modtog og skrev under på en klausul på andre vilkår.
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