Employers often have a legitimate need to restrict the post-employment activities of a former employee, particularly if the employee had access to the employer's trade secrets, customer information or other proprietary and confidential information.  These restrictions, often referred to as “restrictive covenants,” protect the employer's confidential information and restrict the former employee's ability to work with a competitor and/or solicit the former employer's customers and employees.  Generally, non-compete and non-solicit agreements will be upheld by the courts in this jurisdiction provided the employer has a legitimate protectable interest at stake and the restrictions imposed on the employee are reasonable in terms of geographic scope and duration.

Marc has substantial experience preparing agreements containing such restrictive covenants for his clients and has also successfully enforced such agreements in litigation against former employees.

Marc also advises private sector employees with respect to their obligations under confidentiality, non-competition and/or non-solicitation agreements.  Executive, IT professionals, and employees involved in sales or who may have access to sensitive and proprietary information are often asked to sign agreements that prohibit the disclosure of confidential information and that contain non-compete and/or non-solicitation provisions.  In the event your employer presents you with an agreement containing any restrictions on your post-employment activities, you should always seek legal counsel prior to signing the agreement so you fully understand your rights and obligations should you subsequently leave your job

Representation Of Employers And Employees

The Law Office of Marc J. Smith, LLC is a boutique employment law practice based in downtown Rockville, Maryland near the Montgomery County Circuit and District Courts. The Firm’s practice focuses exclusively in the employment law arena and provides counseling, litigation and a wide range of other employment-related services to employers and employees throughout the State of Maryland, Washington D.C. and other jurisdictions. The Firm also represents individuals who have failed to register with the Selective Service System and who are trying to apply for or maintain federal employment.