Post-termination restrictions in employment contracts (last) – Guidelines for drafting
05 Aug
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The following should be kept in mind when drafting PTRs:
The onus is on the party seeking to rely on the PTR to show that the PTR is reasonable and ought to be enforceable
Any ambiguity or uncertainty in the language of the PTR may give rise to a challenge that the PTR should be construed against the party which drafted the PTR
When drafting a PTR, attention should be paid to the specific postion, seniority and influence of the employee, as well as the connections and the shelf-life of the confidential information and knowledge retained by the employee.
Consideration should be given to reducing the restrictive period of the PTR with any period of garden leave served
The language of the PTR should be clear, precise and reasonable, in particular, as to duration and geographic scope.