Garden Leave: A Live American Example

From Virginia Non-Compete Law Blog's GARDEN-LEAVE EMPLOYMENT CONTRACTS

Want an example? In Bannister v. Bemis Co., Inc., (2009 U.S. App. LEXIS 3648, 8th Cir. Feb. 25, 2009) a Garden-Leave clause was examined by a federal court in Arkansas. Bannister served as director of product development for Bemis. He signed a non-compete agreement which contained an 18-month post-employment restriction against working for a competing business. However, Bannister's contract provided he could receive his base-salary from Bemis if he was "unable to obtain employment consistent with his abilities and education solely because of the non-compete clause." This is called a "Garden-Leave" provision.

I call that a tidily succinct description of garden leave.

Virginia Non-Compete Law Blog goes on to make this suggestion:

My Take: If you bring highly sought after skills to you job and the employer wants you to sign a restrictive non-compete agreement, request a Garden-Leave provision in your employment agreement.

This sounds like a good strategy but for one thing: if the position does not pay a salary, there is no base salary to be paid during the garden leave period.