restrictive covenant

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Many restrictive convenants in agreements unenforceable
Image by Edar from Pixabay

We get a lot of questions from employers and employees about restrictive covenants. Many employment contracts include a restrictive covenant – a contractual clause that seeks to limit an employee’s ability to solicit the employer’s clients and/or employees and/or to compete for those same clients in the same geographical area once the employee leaves the employer.

Courts generally find restrictive covenants in employment agreements unenforceable, unless they are reasonable between the parties and not adverse to the public interest. Typically, if a restrictive covenant is ambiguous with regards to time, activity or geography, it will not be enforceable. Let’s take a look at non-solicit agreements.
Continue Reading Non-Solicit Provisions in Employment Contracts – What You Need to Know

Unlike many other areas of the law, employment and human rights law lets me dig into cultural differences, individual perceptions of reality, and some of the universal truths that unite us all.  I love that just a couple of kilometres/miles south of Toronto, and in fact, just across Lake Ontario, there are often such different expectations in the workplace. 

In the Canadian employment law bootcamps I’ve done for US employers, it is perhaps the assumption that Canadians and Americans share a relatively common culture that gives rise to the interesting reactions when differences do arise.  I’ve blogged about this before (see my FAQs for US Employers in 2011), but want to share some of my more recent observations. 

Continue Reading US versus Canadian Workplaces