How do you hold an employee to the competition/relationship clause?

If your employee leaves your company and starts work somewhere else, it is obviously not the intention that he uses the business-sensitive knowledge and relationships he has acquired with you with the competitor. To prevent this, you can include a non-competition or non-solicitation clause. But how exactly does this clause work, what do you include in it, and how does the court test it when it comes to a lawsuit?

Date: August 03, 2017

Modified November 14, 2023

Written by: Antoinette Niebeek

Reading time: +/- 2 minutes

If your employee leaves your company and starts work somewhere else, it is obviously not the intention that he uses the business-sensitive knowledge and relationships he has acquired with you with the competitor. To prevent this, you can include a non-competition or non-solicitation clause. But how exactly does this clause work, what does it contain and how does the judge test it in court? Check out our Facts in Law on these clauses.


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