‘Aggressive’ post-employment restraints and tougher executive-level disputes

The tone of certain disputes between employers and employees is shifting, one lawyer argues, with issues at the executive level being fought harder and businesses looking to be more aggressive about enforcing restraints. In this episode of The HR Leader Podcast, host Jerome Doraisamy speaks with Hamilton Locke partner Timothy Zahara about how and why he became an employment lawyer and why he finds it so interesting, how executive disputes are becoming harder to settle, how the mainstreaming of psychological risks and a broad sense of burnout is contributing to such disputes, the perfect storm of executives feeling burnt out and no oversight of their output, and the broader implications for businesses and firms in navigating such executive-level disputes.

Zahara also delves into the evolving nature of post-employment restraints and how and why there is increased aggression in this space right now, the potential “chilling effect” of such restraints, whether businesses are watching the non-compete debate in the United States and acting accordingly, whether the newfound aggression is a result of post-pandemic environmental trends, what businesses can be doing moving forward to better protect their interests while not constraining employees, what constitutes good leadership moving forward, and what trends might be on the horizon.