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Posts Tagged ‘restrictive covenants’

How to craft an enforceable non-solicitation clause

Wednesday, November 23rd, 2011

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.

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Tags: British Columbia, Edward Jones v. Mirminachi, employment law, ensure agreement is enforceable, non compete, non-competition, non-solicitation, restrictive covenants
Posted in Employee Relations, Human Resources | 1 Comment »

Can employers protect business contacts acquired by employees’ use of social media?

Friday, July 15th, 2011

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?

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Tags: 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
Posted in Employee Relations, Human Resources, Internal Controls | Make a Comment »

Superior court refuses employer’s request for injunction

Tuesday, July 6th, 2010

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…

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Tags: 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
Posted in Employment Standards, Human Resources | Make a Comment »

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