Non compete laws in Ontario and Canada are designed to help protect the interest of the employer after the departure of an employee, regardless of why they left (resignation or termination).
As a business owner and employer, you need to protect yourself and your commercial interests. Over time your key employees learn your ‘tricks of the trade’ and have intimate knowledge about your products, services, and clients. When employees leave, you can’t afford to have your valuable information walk out the door to your competitors.
On the other end of the spectrum, employees can be apprehensive about signing restrictive employment contracts. After all most people need to keep their employment options open and can’t afford to not work should their employment at your company not work out.
If you are in the position of having to create or sign a non compete agreement, contact Michael Lesage. As an experienced lawyer in Toronto, ON he can help you review the fine print and explain the impact the non compete clause could have on your future.
Call our Law Offices at 647-495-8995
What is a Non Compete Agreement?
A non compete agreement is a restrictive covenant that outlines where and for who an employee can work after their resignation or termination. Any non compete clause is designed to protect a business from employees going to work for competitors or starting their own competing business.
Is a Non Compete Agreement Enforceable?
Many people question if a non compete will hold up in court. In general, non competition clauses in Ontario can be difficult to enforce. The Ontario courts are much more likely to enforce non solicitation clauses within a non compete contract.
In order to be enforceable, a non compete clause needs to be specific in terms of the geographic scope, the duration of the restriction, and what exactly is prohibited within the non compete.
Non Compete Clause Examples
Some of the most popular clauses in employee non compete agreements include:
- Non Compete Independent Contractor
- Non Compete Non Disclosure
- Non Compete Joint Venture
- Non Compete Non Solicitation
- Non Compete Ordinary Income
Non Compete vs Non Solicitation
Many people wonder, “What’s the difference between a non solicitation and non compete clause?”
In its most basic form a non compete contract prevents an employee from working for another business or starting their own business that is similar to the employer.
A non solicitation clause is often included in a non compete contract, and prohibits the employee from approaching clients of the company for their new employer or own business.
Our Non Compete Agreement Services
- Writing a non compete agreement
- Drafting non compete violation letter
- Non compete breach/enforcing non compete clause
- Non compete buyout
- Non compete release
- Drafting non compete disclosure agreement
Call Michael Lesage Today
Is your employer asking you to sign a non compete contract and you would like legal advice before putting your name to the dotted line?
Or are you a business owner looking to implement a non competition agreement or non solicitation agreement with one or more of your employees or future employees?
Call Hamilton and Toronto business lawyer Michael Lesage at 647-495-8995 for professional legal advice.