In general, the courts are reluctant to place any impediment in the way of a person seeking employment. As a consequence, a restrictive covenant in a contract of employment will not be enforced unless serious injury to the employer can be clearly demonstrated.

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Courts typically balance the employer's need to protect their legitimate business interests with the individual's right to work and earn a living. Therefore, a restrictive covenant (such as a non-compete clause) will only be enforced if it is deemed necessary to prevent serious harm to the employer's business, and if it is reasonable in scope, geography, and duration.

In General, the Courts Are Reluctant to Place Any Impediment