survives employment
Definition
This phrase means that certain obligations in a contract continue to bind a person even after they stop working for a company. When a contract clause 'survives employment,' quitting or getting fired does not make that obligation disappear. The most common examples are confidentiality agreements and non-compete clauses that an employee must honor long after their last day of work.
Example
You hire a software developer who signs a contract promising never to share your proprietary code, and that promise survives employment, meaning she still cannot share your code five years after she leaves your company.
Watch Out
Make sure any clause you want to survive employment is clearly labeled as such in the contract, because courts will not automatically assume an obligation continues after the work relationship ends.
See which terms appear in your contract?
This definition is for informational purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal guidance.