Restrictive Covenants: When the Honeymoon Ends

  • Shafik Bhalloo Partner of Kornfeld LLP
  • Alisha Parma Associate with Kornfeld LLP


The law governing restrictive covenants in employment agreements has evolved rapidly in recent years and continues to do so. This article provides an in-depth examination of the function of restrictive covenants in the employment context through an evaluation of jurisprudence. The article analyzes various aspects of restrictive covenants, including their enforceability, relationship with the doctrine of severance, interpretation through the functionalist and formalist approaches, and effects on pre-existing employment agreements and wrongful termination. The author concludes by providing recommendations for drafting and implementing restrictive covenants.


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