Ms. Dolghih discusses the differences between garden leave provisions and traditional non-compete agreements, and provides an overview of pros and cons of such provisions. The article also discusses when and how garden leave provisions have been enforced, or not enforced, by the courts, and the one state that statutorily requires garden leave under certain circumstances. It concludes with a list of helpful considerations when drafting garden leave provisions.
Ms. Dolghih is a co-chair of Lewis Brisbois’ Trade Secrets & Non-Compete Disputes Practice. She is a frequent speaker and writer on employment and trade secrets issues, and regularly publishes legal updates on her blog, the North Texas Legal News Blog.
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