The alleged breach of restrictions following termination of employment

The alleged breach of restrictions following termination of employment

The scenario

Our client, the employee, was accused of breaching a number of fiduciary duties and contractual obligations both during and after his employment.

The allegations ran to several pages including allegations pertaining to post termination restrictions on competition, confidential information breaches and breaches of during employment duties.

Our approach

For many people receiving a long threatening letter from solicitors aimed at them in their personal capacity is an unnerving and worrying experience regardless of their skill, experience and capabilities. We appreciate the urgency and concern this can create.

We ensured the matter was addressed with this in mind promptly, clearly, without legal jargon and with clear options and recommendations for the client to consider.

This included legal and factual arguments with the other side and a commercial negotiation of a mutually acceptable separation agreement on commercial terms acceptable to both parties.

We provided both employment law and corporate and commercial legal advice as required and advised in the statutory capacity on the final settlement agreement entered into.

The outcome

Our client was left free of legal action, free to start his new business venture and free to do so with his intended business partner in his intended industry.

As far as we are aware, the new business venture is going from strength to strength.

How we can help

Brachers’ employment team are able to assist with all employment related matters including breaches of restrictions. Please contact a member of our employment team for further advice.

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Colin Smith Partner

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