Abstract:
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 they are 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. Key Words: Covenants not to compete; Garden leave