New Content Added on Restrictive Covenants

Author: Melissa A. Silver, XpertHR Legal Editor

Employers should be aware of whether a prospective or new employee is subject to any restrictions on competition or subject to an agreement that would prevent him or her from using the confidential information of a former employer. As such, XpertHR now includes a Certification That Employee Will Not Use Confidential Information of a Former Employer and a Certification That Employee Is Not Bound by a Noncompete or Nonsolicitation Agreement.

XpertHR has expanded its federal Terms of Employment section to include a discussion of obtaining these certifications prior to hiring. In addition, the Terms of Employment section has been updated to address the use of forum selection and choice of law clauses in a restrictive covenant agreement.