Less is More: When Embedding Restrictive Covenants in Multiple Agreements Can Lead to Choppy Waters for Employers
By EsqSocial Corporation 23/03/21
When seeking to protect against unfair competition from former employees through the use of restrictive covenants, companies often take a “belts and suspenders” approach. For example, an employer may require an employee to agree to the same (or substantially similar) covenants in an employment agreement, a stock plan, an incentive award agreement, and any other agreements executed by the employee. The theory behind this approach is straightforward: if one agreement is found to be unenforceable...
By: Weil, Gotshal & Manges LLP