Such an agreement should be narrowly crafted to meet the specific needs of your business. The available remedies for a breach of such an agreement include injunctive relief, monetary damages and specific performance. Typically, when a former employer discovers the agreement has been breached, he or she will seek a temporary restraining order, preliminary injunction and permanent injunction against the former employee. Since the restraints on the employee may be no greater than necessary for the protection of the employer's legitimate interests, the restrictions in the agreement should be carefully and narrowly tailored to protect the employer's specific interests. Another issue relevant to the enforceability of the agreement is the consideration needed to support it.
Continued employment is adequate consideration for a non-compete agreement.
It is important, however, that the employer bring to the employee's attention the importance of the agreement they are being asked to sign. We suggest a cover letter accompany the agreement upon distribution to the employees. The cover letter should articulate the critical nature of the business's confidential information, business relationships and goodwill, as well as highlight the significance of the agreement as an important legal document that should be reviewed carefully before it is signed. An Information Security Policy is one mechanism which may be used by businesses to prevent the unauthorized use of information by an employee during and after employment with the company.