For whatever reason an employee leaves, the exit interview (if that’s what the company calls it) or instance when the HR person in charge collects the employees building badge and any company property is an excellent time to remind the employee of their post-employment covenants.  We talked about agreements at the end of employment during the last post.  Let’s assume here that the employee has signed some type of post-employment covenant.  What should be on the employer’s checklist”

  1. Provide the employee with any previous agreement(s) – remind them of any obligations under the agreement(s) – ask them if they have any questions about the agreement?
  2. Tell the employee that the company takes these obligations very seriously and will enforce them.
  3. Obtain all company property, keys, phones, etc. and tell them their access to company email or remote-in processes are cut-off.
  4. Make sure they are being paid what they are owed in accordance with company policies – that payment may take place during the next pay day.

I have been involved in cases where an ex-employee “forgot” about their non-compete.  I believed the defendant because they did everything possible to violate the agreement as-if they had no idea it existed.  It would have saved everyone time and money if at the time of departure the agreement(s) and obligations associated with it were raised with the employee.  Even if a sit-down is not possible, put the agreement(s) in the mail or email.  Remove any excuses a departing employee might have if they decide to violate a post-employment covenant.

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Photo of Rob Radcliff Rob Radcliff

Rob represents businesses and individuals in disputes in Texas and throughout the United States. He focuses his practice on employment and commercial matters including issues arising from the arrival and departure of employees.