In a thriving economy, companies may not be as worried about
losing a little business here and there because they are likely
picking it up elsewhere. That is not the case in today's
business climate as companies are fighting and scratching to hold
onto every customer they can. In an effort to protect valuable
goodwill and assets, many employers insist that confidentiality and
restraint of trade clauses are contained in their employees'
contracts of employment. In general, these employment contracts are
used to restrict employees from competing with the employer after
their employment comes to an end.
The interests of the employer which a restraint on trade seeks
to protect is known as its protectable interests. As specific needs
have arisen, restraint clauses have acquired other names with
particular purposes. For instance, non-solicitation clauses
prohibit former employees from soliciting former clients/customers;
non-poaching clauses prohibit former employees from