First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

non compete

Top 3 mistakes of executives upon termination

Whether a frontline employee on an hourly wage or a senior salaried executive with extensive and complicated variable compensation, there is an equally shared truth upon termination of employment:  it hurts, and you are now required to negotiate your termination package in the midst of emotional and financial turmoil.

 

, , , , , , , , ,

Court confirms high threshold to enjoin a former employee from engaging in competition

cartoon men with ties standing on target

In Survival Systems Training Ltd. v. Survival Systems Ltd., the Nova Scotia Supreme Court recently dismissed a company’s motion for a injunction to prevent former employees from engaging in competitive activities. The Court confirmed that employers must meet a high threshold in order secure an injunction which would effectively prevent a former employee from working in their chosen vocation.

 

, , , , , , , , ,

How to craft an enforceable non-solicitation clause

Generally speaking, a restrictive covenant acts to restrict the activities of a former employee after their employment has ended. They usually come in one of two forms: non-competition clauses and non-solicitation clauses. The law on restrictive covenants is that they are prima facie unenforceable as they are in restraint of trade and therefore against public policy. In order to be enforced, they must be proven by the party that seeks to enforce them to be a reasonable limit on trade.

 

, , , , , , ,

Competing with former employers

The Ontario Superior Court re-affirmed the freedom of employees to leave their employer and set up a competitive business.

 

, , , , , , , , ,

Employee exodus: has Moses led your employees to the promised land?

You arrive at the office Monday morning to discover that your Senior Vice-President of Marketing and three of your sales people have resigned and accepted jobs with your competitor. You quickly realize that this has the potential of seriously harming, if not destroying, the company’s business. Do you have any recourse against the departing employees or the company to which they have moved?

 

, , , , , , , , , , ,

Jail for lying in a civil action?

Clearly, if a court finds that one party has been dishonest, it will have serious negative repercussions with respect to their chances of success. It can also result in a cost award against them. The question for today, however, is whether it is appropriate to also find parties who lie during the litigation process in contempt, and if so, what the appropriate penalty should be.

 

, , , , , , , , , , , , , , , , ,