Sentences with phrase «not enforce the restrictive covenant»

The doctor defended by stating that the parent company's merger with another entity made the plaintiff a successor under the law that could not enforce the restrictive covenant.

Not exact matches

What mattered was that the restrictive covenant A was trying to enforce would have stopped the employee from providing insurance - specific recruitment services to C, even though A did not engage in this sector at all and would not have had the slightest commercial interest in such prohibition.

Consequently, courts look for reasons not to enforce restrictive covenants and the fact that an employee is «low level» often creates an equitable reason for the court to refuse to enforce restrictive covenants.

According to subsection (j) of Florida's Non-Compete Covenant Statute, § 542.335, «[a] court shall enforce a restrictive covenant by any appropriate and effective remedy, including, but not limited to, temporary and permanent injunctions.

In the case of a restrictive covenant sought to be enforced against a former employee, agent, or independent contractor, and not associated with the sale of all or a part of:

In most cases, California law does not permit employers to enforce a restrictive covenant against their former employees, particularly when it takes the form of a non-compete agreement.

Similarly, employees who receive offers of employment that contain termination clauses and restrictive covenants should ensure that they understand what these clauses actually mean and whether or not a court is likely to enforce the clauses.

In deciding whether or not to enforce a restrictive covenant, the Pennsylvania courts will consider the following questions:

The court there stated that the issuance of a permit, which is in any event governed by bylaw, can not amount to a promise that a restrictive covenant in favour of the city would not be enforced.