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126219
Post-Termination Restraints
Description
Postgraduate Employment Mind Map on Post-Termination Restraints, created by gabyc880 on 08/06/2013.
No tags specified
employment
employment
postgraduate
Mind Map by
gabyc880
, updated more than 1 year ago
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Created by
gabyc880
almost 11 years ago
68
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Resource summary
Post-Termination Restraints
Garden Leave
Notice given, e'ee continues to be paid and receive contractual benefits
but not permitted to attend the workplace
Confidentiality
Implied
During: BROAD. Trade secret/info regarded by e'yer as confidential
After: NARROW. Trade secret/info amounts to same protection as trade secret
TRADE SECRET
Faccenda Chicken
Nature of e'ment & e'ee
Nature of info
whether e'yer impressed upon e'ee confidentiality
Whether info could be easily isolated from other info
EXPRESS
Deterrant & assists with test interpretation
RESTRICTIVE COVENANTS
Prima facie void & unenforceable.... UNLESS (2)
Non compete / Non solicitation / non dealing
blue pencil test
duration / geographical / needs and interests of business / duties of employee / whether lesser restriction would suffice
Effect of wrongful dismissal: RC NOT ENFORCEABLE
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