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In today’s competitive employment market, employee resignations are reaching near record-highs. Whether a separation is voluntary or involuntary, employee terminations often happen quickly and involve many moving parts. To protect the company and enhance enforceability of any post-employment restrictive covenants, employers should make sure to avoid these common pitfalls as they transition employees out of the company.

1. Skipping the Exit Interview.

With all the moving pieces and administrative requirements for exiting an employee, employers may be tempted to skip the exit interview and simply move on. However, exit interviews can be useful tools to mitigate risk for the employer. The exit interview is an important opportunity to remind the departing employee of their ongoing obligations to the company, to take an inventory of devices and accounts the employee should relinquish upon resignation, and to have them sign a re-affirmation of the terms of the restrictive covenant agreement, as appropriate under applicable law.

The employer can also learn details about where the employee intends to work next, and in what capacity. If an employee is forthcoming, the employer will be in a position to make an informed decision concerning post-employment restrictions. If, on the other hand, an employee is evasive, this may raise red flags for an employer to investigate further. Either way, this information may be critical in enforcing any restrictive covenants...

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