Garden Leave: A checklist

Consider this checklist as a work in progress. New cases may come along and change the questions or create new questions.

1. Does the position have a salary or is it commission only?

a. If salary, the go to 3
b. If commission only, then go to 2.

2. Does the position provide health insurance benefits?

a. If no, then this is the end of the road.
b. If yes, then go to 3.

3. Is the position one where the employee acquired information that could damage the employer’s business?

a. If no, then this is the end of the road.
b. If yes, then go to 4.

4. If the employee has information potentially dangerous to the business, then rate the severity of the danger (with 1 being minimal to 10 being catastrophic). If more than minimal, then go to 5.

5. Does the employee have a non-compete agreement?

a. If no, then seriously consider a garden leave agreement.
b. If yes, then consider a garden leave agreement to act with a non-compete agreement.

If you want to read more, in detail, then take a look at my garden leave articles on this blog. I do not have a separate archive for these articles (I keep filing them as non-compete agreements) but there is a search box above and using “garden leave” will take you to all of my articles on the subject.

If you think this is a useful tool for your Indiana business, give me a call.