Non-Competition and Non-Solicitation Lawyer Toronto
Non-competition and non-solicitation clauses are also called restrictive contracts because they stop employees from doing certain activities after they resign or get terminated by the company.
A non-competition clause stops the employee from working at a competitor for a certain period of time after he o she stopped working from the company.
A non-solicitation, on the other hand, gives freedom to the employee to work anywhere after he or she stopped working from the company. But they cannot solicit the clients of their former employer.
Although the non-competition clause is more restrictive than the non-solicitation clause, both of them significantly affects the employability of a person. Despite that, both of these clauses are often not enforceable.
When can non-solicitation and non-competition clauses become unenforceable:
Here are situations that makes these clauses unenforceable:
- The employee has been wrongfully dismissed
- The employee did not receive anything in exchange for it
- The clause is vague and not clearly worded
- The terms of scope of activities are beyond reasonable bounds
- The terns of duration are unreasonable
- The terms of geography stated in the clause are unreasonable.
The term “reasonable” depends on the circumstances of each case. It also requires legal analysis to determine whether the terms are clear and reasonable.
How can Roberts & Obradovic employment lawyers help you?
If you have been presented with an employment contract that contains non-competition and non-solicitation contracts, call us now so one of our experienced employment attorneys can help you.
- Help you understand if the non-solicitation and non-competition clauses are enforceable against you
- Help you get a less restrictive clause or get released from such clauses you have agreed to
- Advise you of any potential consequence if you will be sued for presumably breaching the clause
- Provide legal assistance if an employer has sued you for breaching the clause
Get expert legal advice
Our employment lawyers at Roberts & Obradovic Law have the knowledge and expertise to help you face any employment challenges and difficulties you face. To get in touch with us, simply give us a call at (647) 724-5179 or fill out our contact form.