non-solicitation
March 22, 2013 Earl Altman Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Union Relations, Wages and Compensation,
Anyone following the financial news over the last number of years has no doubt noticed the increasing frequency with which corporations are merging, or being bought out by other corporations. This often results in efficiencies for the corporations, hopefully leading to greater profit. However, the impact on the employees is often overlooked. Whether the transaction is a share purchase, asset purchase, or other type of structure, the impact on the buyers and sellers is clear. However, the impact on the employees is often less certain.
asset purchase, common law, company mergers, contractual obligations, corporations are merging, employment standards act, highest compensation, impact on the employees, legitimate business interests, non-competition, non-solicitation, ontario, open market for labour, or being bought out by other corporations, other type of structure, restrictive covenants, senior executives, share purchase, shareholders, terminated as a result of such a merger, the impact on the buyers and sellers, transaction, well compensated on the sale of their shares
June 21, 2012 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources,
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.
conflict of interest, direct competition, employment law, employment relationship, engaging in competition, interlocutory injunction, non compete, non-competition, non-solicitation, restrictive covenants
November 23, 2011 Andrew Taillon Employee Relations, Human Resources
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.
British Columbia, Edward Jones v. Mirminachi, employment law, ensure agreement is enforceable, non compete, non-competition, non-solicitation, restrictive covenants
July 15, 2011 Christina Catenacci Employee Relations, Human Resources, Privacy and Security
Consider this: you have encouraged your employee to use online social media during work time to build professional contacts to grow your business. The employee goes ahead and invests time during the workday visiting sites like Linkedin, Twitter and Facebook. This strategy proves to be positive; the contacts have been part of the business growth you have experienced. Then, your employee wants to leave the company and move on to another job. Can you, as the employer, ask for the contact information the employee accumulated during his or her employment?
business opportunities, Emails, employment contract, employment law, employment relationship, facebook, in the course of employment, LinkedIn, networking, non-disclosure, non-solicitation, personal versus work, professional contacts, restrictive covenants, social media, social media portability, social media sites, social networking, twitter, work-related
July 6, 2010 Earl Altman Employment/Labour Standards, Human Resources
In yet another example of the reluctance of the Ontario Superior Court to restrict competitive activities of former employees, the Court rejected an employer’s request for an injunction…
common law, competitive activities of former employees, confidentiality, employee shareholder, employment contract, employment law, employment standards, irreparable harm, non-competition, non-solicitation, ontario, restrictive covenant, restrictive covenants, shareholder agreement, solicitating employer customers, termination
June 15, 2010 Earl Altman Employment/Labour Standards, Human Resources
The Ontario Superior Court re-affirmed the freedom of employees to leave their employer and set up a competitive business.
Dismissal, employment contract, Human Resources, non compete, non-competition, non-solicitation, ontario, resignation, restrictive covenant, termination
May 18, 2010 Earl Altman Employment/Labour Standards, Human Resources
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?
employee retention, employment contracts, employment policies, non compete, non-competition, non-solicitation, policy, policy manual, restrictive covenant, termination, turnover, workplace policies
I believe smoking (i.e., nicotine) is recognized as an addiction, as Simon mentions, which would engage the question of discrimination. – Jun 18, 9:40 PM
Even though as a non-smoking employer I support the actions of Momentous Corp, I am surprised they have even attempted to take this position, given... – Jun 17, 5:46 PM
Where in Human Rights does it say that smokers are now protected under one of the grounds and if so which ground are they protected... – Jun 17, 3:28 PM
