Non-competes at work

by cognac 13 Replies latest jw friends

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  Simon

  I know here in Canada the courts take a dim view of non-competes that are too wide ranging. The one in my contract is very vague and likely unenforcable as if you took it literally you could never work for anyone ever again - it doesn't narrow down the 'area' (the Building? the Block? Calgary? Alberta? North America?) or the companies that I'm notionally not allowed to work for and really, you can't tell someone that they are not allowed to earn a living. It's kind of hypocritical too because many companies are keen to hire someone specifically because of the experience and expertise they have ... where do they think that comes from?! So it's Ok when it suits them.

  I think most non-compete and non-solicitation clauses are really intended for those people who decide to setup in competition and steal half the work-force to do so, not for regular workers just changing jobs.

  Ultimately, you are best to consult a lawyer to check the specifics of your contract though.
• 

  moshe

  the court may not enforce it.

  well, don't forget that $1500 retainer for a lawyer in order to get the judge to see your side of the case..
• 

  darthfader

  I have seen where non-competes were tossed out and/or reduced to "non-contact" of existing customers for some period (usually several years). If you are customer facing sales in a specific industry, it's quite possible that to force you to non-compete would mean that you cannot work at all. These conditions can greatly effect the enforcment of "non-competes".. I wish you good luck!
• 

  Band on the Run

  You don't need to spend $1500. just to get some basic information about the law in your state. If you have a small employer, the employer may not want to pay his atty a fee. Some people draft them themselves and/or download them from legal form sites. My hunch is that in many cases the employer is relying upon the fact that you think any fee to a lawyer to check it is too much. It might have no validity. Many people just assume it is valid.

  If you think of it as a negotiation with your employer, it might help the situation.