Garden Leaves

Litigation, Arbitration & Dispute Resolution

Outten & Golden attorneys are experienced in reviewing an employee's notice period obligations and garden leave, the practice whereby an employee who is leaving a job (having resigned or otherwise had his or her employment terminated) is instructed to stay away from work during the notice period, while still remaining on the payroll.

Employers often use garden leaves to prevent employees from working for their competitors for a period of time. A garden leave or notice period obligation may be governed by an employment agreementoffer letter, or even an equity grant agreement the employee signed. Outten & Golden attorneys negotiate various employment agreements and offer letters that contain garden leave or notice period obligations. If necessary, Outten & Golden attorneys can defend an employee against an injunction alleging the employee's breach of a garden leave or notice period obligation.