What do employers need to know about post employment restraints?
An employer will commonly want to ensure that an ex employee does not cause any loss or damage to its business for a reasonable time after termination of the employee’s service. Restraints generally take 3 main forms: A restraint from poaching or accepting the business of any customer of the employer with whom the employee had dealings; and
Can a restraining order be used against an ex employer?
A longer period of restraint may be appropriate for a long serving or very senior employee (remembering that the courts will not make up their own restraint periods). Even if an ex employer does not have a strong case, threats to cease and desist and even legal proceedings can be used tactically to scare an ex employee into submission.
Are there any restraints on poaching other employees?
Generally, restraints on poaching other employees and clients are the easiest to enforce. Difficulties can arise where an employer wants to stop a former employee from conducting or working in a business in competition to their own.
How long can an employee be restrained by a court?
It is rare for a restraint period of more than a year to be enforced by a court and it is more common to see periods ranging between 12 months and 3 months. The main provision of relevance is the provision preventing ex employees from poaching clients.
Can an employer get a restraining order against an employee?
While an employee may go to court and obtain a personal restraining order, California Code of Civil Procedure Section 527.8 allows an employer to go to court to obtain temporary and permanent restraining orders even though the employee has not filed for a personal restraining order.
Can a restraining order show up on a background check?
A restraining order (known as an order protection in some states) is considered a civil matter. It generally will not appear in a criminal background check, unless included as a footnote in the sentencing portion of a criminal record, but it may appear in public information databases and websites used by some pre-employment screeners.
When does a restraining order go into effect?
In many cases, a judge issues temporary restraining orders the same day that paperwork is submitted to the court. The temporary restraining order will remain in effect pending a hearing on whether a permanent injunction should be issued.
Can a restraining order be expunged from your record?
At that hearing, the restraining order could get denied, which means it should be expunged from your record. But if the hearing results in a permanent restraining order, it goes on your record. But even restraining orders that should be expunged sometimes stay in the system longer.