Answering Your Questions About Severance And Restrictive Covenants

In employment law, restrictive covenants are any terms of your job contract that limit you. These clauses could lead to legal concerns or disputes later — especially once your job ends.

Ballard Rogers Law Office, PLLC, is ready to review your employment contract, help you determine your obligations and contest unfair terms. Our skilled lawyer has over 25 years of legal experience and can counsel you directly.

Please note: We represent employers, as well as employees, in disputes over severance agreements and restrictive covenants.

How Does Your Employment Contract Limit You?

Whether you are evaluating a job offer or a proposed severance agreement, it is important to take your time with your decision. Although you should certainly consider wages, benefits and general terms of the proposal, you should also be aware of your obligations should you accept it.

Our firm can identify, explain and challenge restrictive clauses, including:

  • Noncompetition agreements: You agree not to compete with the company during or after your employment.
  • Nonsolicitation clauses: You can still compete with the company generally, but you agree not to pursue the company's clients or affiliates.
  • Nondealing agreements: You agree not to serve the company's customers.
  • Nonrecruitment covenants: You agree not to hire the company's employees.

While many companies use these clauses to protect their trade secrets and data, there are situations in which they may use restrictive covenants unfairly. To fully understand your employment contract, we encourage you to contact our office in Louisville.

Is There A Way To Bypass A Restrictive Clause?

Although contracts are binding, many contracts contain flaws that could allow you to challenge its authority over you. The founding attorney at Ballard Rogers Law Office, PLLC, knows multiple strategies that may help you overcome this obstacle.

In some cases, a restrictive clause may not be enforceable or valid. The terms of the restriction should be clear in the contract, including how long you would be responsible for each limitation. Without clear terms, we may argue that the contract lacks strength. Alternatively, we may contest that the employer already breached the contract, which could undermine it entirely.

Ask Us For A Thorough Case Review

Serving clients in Kentucky for over two decades, Ballard Rogers is available to work with you at a one-on-one consultation. Schedule a meeting by calling 502-208-5059 or explain your issue to us through our website. We can review a noncompete agreement or terms in an employment contract that concern you as an employee or employer.