Employment Restraints
Legal Advice on Employment Restraints & Post-Employment Obligations
Buying or selling property is a significant financial decision. Whether you are purchasing your first home, selling an investment property, or completing a commercial property transaction, having the right legal guidance can help you understand your obligations and the terms of your contract.
At Fidus Legal, we assist clients with residential and commercial property sales and purchases, providing practical legal support throughout the conveyancing process. Our approach is focused on helping you understand the legal aspects of your transaction and making informed decisions.
Legal Advice on Employment Restraints & Post-Employment Obligations
Buying or selling property is a significant financial decision. Whether you are purchasing your first home, selling an investment property, or completing a commercial property transaction, having the right legal guidance can help you understand your obligations and the terms of your contract.
At Fidus Legal, we assist clients with residential and commercial property sales and purchases, providing practical legal support throughout the conveyancing process. Our approach is focused on helping you understand the legal aspects of your transaction and making informed decisions.
What Is an Employment Restraint?
An employment restraint, often referred to as a restraint of trade or post-employment restraint, is a contractual provision that seeks to restrict certain conduct by an employee after employment
ends.
Depending on the agreement, a restraint may relate to:
• Working for a competitor.
• Operating a competing business.
• Soliciting or dealing with certain clients.
• Soliciting employees or other business contacts.
• Using confidential information.
• Other specified post-employment activities.
The enforceability of a restraint depends on the relevant law, contractual wording and individual circumstances. A signed restraint clause is not automatically enforceable.
Employment Restraint Legal Services
Our team can discuss assistance relating to:
• Reviewing employment restraint clauses.
• Discussing non-compete and non-solicitation provisions.
• Legal guidance concerning confidentiality obligations.
• Assessing contractual restrictions and relevant circumstances.
• Discussing potential disputes concerning restraint clauses.
• Assistance with relevant employment law documentation or proceedings, subject to the
engagement.
Advice for Employers
Employers may seek advice about:
• Protecting legitimate business interests.
• Drafting and reviewing restraint provisions.
• Confidential information and client relationships.
• Potential breaches of post-employment obligations.
• Legal options in relation to restraint disputes.
Buying or Selling Property in Another State?
Identify the Property Location
Confirm the state or territory where the property is located.
Review the Contract
Obtain legal assistance to understand the relevant contractual arrangements.
Discuss Jurisdictional Requirements
Consider which laws, procedures and professionals may be relevant to the transaction
Plan for Settlement
Discuss the applicable legal and transaction requirements for settlement.