Garden Leave Non-Compete Agreements

After the dismissal or dismissal of an employee, an employer may decide to place the worker on garden leave. The main reason for this is protection against possible harmful acts or behaviour that the employee may engage in during his or her notice. As I said at the beginning, the Massachusetts Act is a number of important changes for employers. But they are manageable if you understand the full range of options available to Massachusetts employers and take the time to plan with a lawyer for the oct. 1 move to a new non-compete clause, which will in fact continue to encompass much of what`s already being used for demanding employers. Massachusetts will therefore remain manageable. The Massachusetts legislature passed a comprehensive non-compete reform effective Oct. 1, 2018, aimed at making it more difficult and costly for employers to enforce non-compete rules. This law contained many new procedural and content requirements that significantly changed the landscape with regard to the applicability of non-competition rules. You can read all about this new law here. This contribution focuses on the « garden holiday » requirement. If the employee has valuable and transferable customer relationships, employers can use a garden vacation to consult with customers before the employee leaves and customers follow.

This will allow employers to better retain customers and protect their business interests. A comprehensive garden holiday plan can be one of the most valuable tools in the employer`s toolbox when it comes to terminating the employment relationship. An employer is not required to insert a gardening leave clause into a contract during the boarding process when a new employee is hired, but they are recommended in some cases. Some contracts, especially those for executives and other executives, often contain a well-worded garden leave clause. If a company decides to take its vacation without taking one, it opens up to a dispute of breach of contract. Garden leave describes the practice of ordering an employee who leaves a job after being fired or dismissed not to work during the notice period, while remaining on the payroll list. [1] This is used when an employee position is no longer required during the notice period. In order to maintain the worker`s non-compete clause, this practice is often used to prevent an employee from carrying up-to-date (and possibly sensitive) information when they leave their current employer, especially when they most likely leave to join a competitor. [2] This term is often used in banking and other financial sectors in the UK, Australia and New Zealand….