Guarantee Sign Free Non-Compete Agreement For Free

If you are an employee who has been given a non-compete clause with your Employment Agreement, it may no longer be enforceable. Employers are no longer permitted to issue non-compete agreements to their employees in Ontario.

Non-compete clauses were tough to enforce in Canada under common law well before Ontario became the first jurisdiction in the country to expressly outlaw them in most circumstances, through the Working for Workers Act in 2021.

If you know you want to change employers within that year or have an interest in working for a specific competitor, it may be best to refrain from signing or negotiate those terms. If you plan to wait before working for a competitor, the non-compete doesn't impact your career or goals and is reasonable to sign.

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.

Generally speaking, you must either show that the terms of a non-compete are unenforceable or reach a release agreement with other parties.

Provide information on both you (the organization/individual) and the other party, including details like a specific job description. These details about the other party should clarify why the restrictions in place are reasonable. Decide the terms of your non-compete clause, including: The length of the restrictions.

Another way to defeat a non-compete contract is to show that your employer has behaved illegally or unethically towards their clients. In general, an employer will not want these matters raised in a court case, so they may void your non-compete agreement if you have proof of these behaviors.

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.