Restrictive Covenants: When the Honeymoon Ends
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.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.