Post-termination restrictions and employee recruiting

According to CareerBuilder's annual job forecast, this year's employee recruiting landscape will echo 2011.

A total of 20 percent and 21 percent of companies with workforces of between 51 to 250 and 251 to 500 are currently looking to hire. With a total of 23 percent of surveyed hiring managers anticipating taking on new workers in 2012, it's important to be aware of post-termination restrictions in prospective employees' contracts.

As Shoosmiths explains, post-termination restrictions are drawn up by companies to prevent employees from working for competitors and poaching or even doing business with clients and suppliers. Disregarding them can result in long and costly litigation - something everyone would rather avoid.

When dealing with job candidates that are bound by post-termination restrictions, companies are advised to tread carefully. Consider whether the restrictions - which may pertain to length, geography and overall scope - are enforceable in a particular situation, with regard to the worker's seniority and role. If so, determine how to deal with the worker for the duration of time to which the restrictions apply. 

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