non-competition clause

The (un)enforceability of non-competition agreements

October 30, 2019 Occasional Contributors Employee Relations, Human Resources, Payroll, Recruiting and Hiring, 0

Many employment agreements contain non-competition clauses that seek to prevent an employee from later working for a competitor. Employers who rely on these clauses should exercise caution before seeking to enforce them at court.

employment law, non-competition agreement, non-competition clause, non-solicitation clause

The non-competition clause – Drafting and cautionary notes

June 22, 2018 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Recruiting and Hiring

A non-competition clause (or non-compete clause) is a passage in an employment contract which purports to prohibit employees from working for another employer or starting their own business which competes with their employer during and after employment.

employment contract, employment law, enforcing non-compete clause, enforcing non-competition clause, geographic restriction, Human Resources, non-compete clause, non-competition clause

Startup employment contracts

March 23, 2018 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Recruiting and Hiring, Wages and Compensation

Canadian startups and any company for that matter should have an employment contract for all new hires. An employment contract helps both parties understand the employment relationship, protects the start up in the event of the termination of employees and it can also serve as a useful mechanism to attract good employees.

bonus payments, employment contracts, employment law, incentive income, non-competition and non-solicitation clauses, non-competition clause, restrictive covenants, Startup employment contracts, startups, termination

Reasonable notice of resignation: The sequel

February 16, 2016 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Wages and Compensation

In February 2015 we wrote about a case where a former employee was ordered to pay $56,116.11 as a result of his failure to give reasonable notice of resignation. While these so-called wrongful resignation cases are rare, they should give anyone contemplating a hasty exit from their workplace second thoughts. However, as evidenced by a recent decision out of Sudbury, employers too should think twice prior to going to court on the basis of wrongful resignation.

commission payments, employment contracts, employment law, injunction motion, non-competition agreement, non-competition clause, reasonable notice of resignation, Unpaid commissions, wrongful resignation cases

Beyond bardal: The presence of a non-competition clause as a reasonable notice factor

September 8, 2014 Alison J. Bird Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation

While many employers may be aware of the difficulties in enforcing non-competition clauses, they may not be aware of another risk associated with such clauses: their potential to increase the reasonable notice period.

a reasonable notice factor, Bardal Factors, common law notice, employment contract, employment law, increase the length of the reasonable notice period, job security, longer notice period, non-competition clause, notice period, pay in lieu of notice, reasonable notice, restrictive covenant, termination, terminations, wrongful dismissal