I am hiring a senior manager and I have a concern about our commercial secrets. I would therefore like to include a restrictive covenant in the contract of employment, but I have heard that they are very difficult to enforce. How do I ensure that any restrictions are enforceable post termination of employment? How do I handle it?

Michelle Ryan writes:

One of the main means through which commercial secrets fall into the hands of competitors is through disclosure by former employees, as a result many employment contracts contain restrictive covenants/non compete clauses to protect commercial secrets and interests. But employers must be able to enforce such covenants against former employees. The following are the legal considerations when drafting an