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When you discover a former employee is trying to poach or deal with your customers or clients in breach of your restrictive covenants or an implied term of the contract of employment, Quantrills Solicitors can take swift, robust and effective legal action to protect your business.
At Quantrills we are solicitors who regularly advice employers and conduct enforcement proceedings in the High Court and County Courts helping employers protect their customer and client connections and confidential information, such as trade secrets, client lists, pricing and marketing data from being misused by former employees or other third parties such as the new employer.
By instructing us early, in many cases, we can secure the protection your business needs by obtaining undertakings from your ex-employee. When necessary, however, we can apply to the courts for an injunction to stop the ex-employee using your confidential information, or going to work for a competitor, or setting up in business in competition with you.
Key Issues to Consider
Are the restrictive covenants enforceable?
Well drafted restrictive covenants are potentially enforceable; a key issue we will look at is the wording of the covenants contained in the employee’s contract of employment or service agreement. We will also look at the option of taking action against your ex-employee’s new employer or other third parties, especially if the misuse of confidential information is an issue.
Is there sufficient evidence?
You may have obvious evidence of a breach to get an injunction; but in many cases there is no such evidence. We can help you gather and assess your supporting evidence.Often you only need a single email or quote to cross the evidential threshold. We will also work closely with our selected employment law barrister to give you a meaningful view on your legal merits and options.
Commencing Court Proceedings
In appropriate cases, seeking a court injunction is the right action to take. If so, there are lots of things to get right and organised before starting court proceedings; our attention to detail and procedural know-how ensures we over look nothing.
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