Restraint of Trade

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Definition

Legal limitation preventing employees from competing with the employer after leaving, though courts evaluate whether the restriction is actually necessary.

Example Usage

The restraint of trade clause was overly broad, preventing her from working in any tech company within 500 miles.

Origin

Contract law from English common law (17th century)

Fun Fact

Courts require restraints to be reasonable in scope, duration, and geography; many employer-drafted versions would never survive challenge.

Source: Employment Law Standards

Related Terms

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