There's no "cut-off" for restraint clauses, but
very few employers seek to restrain post-employment activity for
more than 12 months. That's because, at common law, restraints
are contrary to public policy; that a person may freely carry on
their trade. Restraints may involve non-competition or
non-solicitation. To be enforceable, restraint of trade clauses
must be reasonable. A court will test reasonableness by considering
if the clause protects the legitimate business interests of the
enforcer and if it is in the public interest. It will also take
into account all of the circumstances and balance the
employer's business needs with the burden on the employee.
Generally, non-solicitation clauses are easier to enforce than
non-compete clauses. While there is no hard and fast rule, a
reasonable restraint period (for non-solicitation) is often
considered to be between three and 12 months after termination,
subject to industry-specific and individual considerations.
