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non compete

By SpringLaw | 3 Minutes Read March 9, 2016

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.

Article by SpringLaw / Employee Relations, Employment Standards, Payroll / employment agreement, employment contract, employment law, LinkedIn, non compete, non-solicitation provision, restrictive covenant, social media, termination, termination of employment

By Alison J. Bird | 3 Minutes Read June 21, 2012

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

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.

Article by Alison J. Bird / Employee Relations, Employment Standards / conflict of interest, direct competition, employment law, employment relationship, engaging in competition, interlocutory injunction, non compete, non-competition, non-solicitation, restrictive covenants

By Andrew Taillon | 3 Minutes Read November 23, 2011

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.

Article by Andrew Taillon / Employee Relations / British Columbia, Edward Jones v. Mirminachi, employment law, ensure agreement is enforceable, non compete, non-competition, non-solicitation, restrictive covenants

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