Employment, dismissal, pension

Non-solicitation and non-compete clauses

Non-compete and non-solicitation clauses are stipulated – and breached – increasingly often. Our experts ensure that provisions are worded clearly, guide businesses through the process of compliance enforcement, and keep employees and their new employers safe from claims.

Our services

We advise both businesses and employees in the drafting and review of non-compete and non-solicitation clauses. Once such a clause has been signed, we support employers who wish to enforce compliance and assist employees embroiled in disputes or differences of interpretation.

Our areas of expertise

All our lawyers have extensive experience with both the drafting of non-compete and non-solicitation clauses and with advising, negotiating and litigating with regard thereto. We are familiar with the case law and can quickly infer the consequences of non-compliance. Our litigation experience facilitates predicting how a court will rule in a particular dispute.

This is how we do it

To start with, we take the topic extremely seriously. Since a subdistrict court has the power to annul, it is a commonly held belief that non-compete and non-solicitation clauses are essentially just for show. We know better: the consequences of non-compliance can be considerable.

That is why we advise clients carefully about the scope of provisions, any potential grey areas, and the potential consequences thereof - not only for the former employee but also for the latter’s new employer. Benefiting from the violation of a clause is, after all, also potentially wrongful!

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Client reviews

A highly committed professional, Hans Erik has known our organisation longer than we have. He is a creative team player and always thinks five steps ahead.

Jean-Paul Hagen Grando Retail B.V.