Non Compete For Employees
Description
How to fill out Sample Noncompete Clauses?
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FAQ
The law has long confirmed that non-compete clauses, like other post-employment restrictions on employees that curb their ability to make a living, are presumed to be unenforceable unless proven to be reasonable in the circumstances by the employers trying to enforce them.
As with a non-solicitation agreement, if a former employee breaches an enforceable non-competition agreement, you can sue for damages based on your actual losses. Hum Law Firm has experience dealing with non-solicitation and non-compete agreements and breaches, both in the employment and business context.
Canadian common law favours a competitive labour market and presumes that non-competition clauses are void as an unacceptable restraint on trade. The employer bears the onus of establishing that a non-competition restriction should be enforced as a reasonable limit.
Here are some tips you can follow: Talk to a Lawyer. ... Consider the Scope of the Agreement. ... Limit the Scope of the Agreement. ... Exclude Certain Activities from the Agreement. ... Negotiate a ?Severance Package? in Exchange for Signing the Agreement. ... Don't Sign the Agreement If You Disagree or Don't Understand It.
If you were unjustly dismissed, you may not be bound by the non-competition clause. However, if you resigned or were dismissed for cause, the clause may still apply. And if you were pushed out by your employer in a constructive dismissal, the clause may not be enforceable.
