- Does the employer have a proprietary interest entitled to protection? In other words, an employer must have a legitimate reason for seeking to restrict a former employee from having contact with clients, soliciting business or otherwise competing. Common proprietary interests often include protecting trade secrets, confidential information and trade connections. As an example, it would likely be unreasonable for an employer to include a non-competition clause for its junior administrative support staff, unless of course it had legitimate reasons for doing so.
Given the nuances involved, it Is highly recommended that you consult with a lawyer, whether you may be subject to a restrictive covenant or seeking to enforce such a clause.