As a post-termination restriction constitutes a restraint of trade by agreement, it will, even if it is properly incorporated into an employment contract, be contrary to public policy, and therefore unlawful, unless: • the person or entity seeking to enforce the restraint has a legitimate business interest to protect, and • the restraint is reasonable as between the parties, and is in the public interest For more information: • on restraint of trade in the employment context generally, see Practice Note: Restraint of trade in employment • on legitimate business interest,