non compete

Top 3 mistakes of executives upon termination

March 9, 2016 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, Human Resources, International HR Law, International Payroll, Payroll, Pensions and Benefits, Wages and Compensation

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.

employment agreement, employment contract, employment law, LinkedIn, non compete, non-solicitation provision, restrictive covenant, social media, termination, termination of employment

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

June 21, 2012 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources

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.

conflict of interest, direct competition, employment law, employment relationship, engaging in competition, interlocutory injunction, non compete, non-competition, non-solicitation, restrictive covenants

How to craft an enforceable non-solicitation clause

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

Competing with former employers

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

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

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

Jail for lying in a civil action?

November 5, 2009 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources

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.

Alberta, Alberta employment standards act, breach of confidential information, canadian employment law, civil action, competing with former employer, contempt, Dismissal, employment law, employment related dispute, HR issues, Human Resources, Labour Law, litigation, non compete, ontario employment standards act, resignation, restrictive covenant