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How paying departing employees to "tend the garden" can benefit an employer's business

Littler Mendelson
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USA
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September 28 2011

Given the difficulties many businesses encounter in preventing former employees and executives from competing through enforcement of restrictive covenants, more companies should consider using “garden leave” provisions

Arbitration of restrictive covenant disputes: panacea or problem?

Littler Mendelson
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USA
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September 28 2011

In recent years, there has been enormous controversy over whether arbitration of statutory employment claims should be encouraged

Arbitration of restrictive covenant disputes: awards and enforcement

Littler Mendelson
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USA
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October 24 2011

We have previously addressed the pros and cons of including arbitration provisions in restrictive covenants and the efficiency of arbitrating disputes concerning those covenants

Arbitration of restrictive covenant disputes: is it really more efficient?

Littler Mendelson
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USA
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October 7 2011

In this entry, we discussed the pros and cons of including arbitration provisions in restrictive covenants

New Jersey Trade Secrets Act signed into law

Littler Mendelson
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USA
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January 24 2012

On January 9, 2012, New Jersey Governor Chris Christie signed into law the New Jersey Trade Secrets Act, which establishes principles governing protection of trade secrets and remedies for their misappropriation

Employee handbook provision not enough for enforceable confidentiality agreement

Littler Mendelson
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USA
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March 30 2012

A New Jersey district court recently held that an employee handbook provision could not be enforced as a valid confidentiality agreement between a company and a former employee

Employers in Newark, New Jersey must comply with a new ordinance broadly restricting their discretion to rely on criminal records for employment purposes

Littler Mendelson
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USA
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October 22 2012

Effective November 18, 2012, most employers that operate in Newark, New Jersey must comply with a new ordinance1 broadly restricting their discretion to rely on criminal background records for employment purposes

Should courts revisit the rule limiting a non-competition injunction to the term provided in an employment contract?

Littler Mendelson
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USA
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April 24 2012

It is well-established that an injunction to enforce a non-compete provision should not extend beyond the period set forth in the non-compete agreement

When garden leave clauses are most effectively used and how to enforce them

Littler Mendelson
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USA
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October 7 2011

In this entry, we discussed the ways a garden leave clause, or paying a departing employee while transitioning their clients and business to new employees, may benefit an employer