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Garden Leave vs. Covenants Not to Compete

  • Timothy J. Perri
Published/Copyright: August 31, 2010
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“Garden leave” (GL)---when workers are paid but do not work---may be preferred by firms since courts are more likely to enforce GL than “covenants not to compete” (CNCs). We consider when GL is more profitable than a CNC. Also, assuming it is optimal to offer GL or a CNC, we find (1) the optimal length of either GL or a CNC is the same, (2) firms share fewer trade secrets with GL than with a CNC, and (3) the extent of innovation will be higher with a CNC than with GL.

Published Online: 2010-8-31

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