Non-Compete Agreement Lawyers in Calgary
Let US help YOU understand non-compete agreements and achieve the result you want.
Book Your ConsultationWHY CHOOSE OUR EMPLOYMENT LAWYERS
We are dedicated non-competition lawyers for employees and employers with significant experience in non-compete cases.
If you’re looking for guidance on the enforceability of a non-compete agreement, we are here to help. Book a consultation and we will review your situation to provide you with clarity on the path forward.
common non-compete clause Questions
Find the answers you’ve been looking for.
Navigating any employment law issue can feel daunting when you’re doing it alone. We’re here to offer you the knowledge and adept guidance with Alberta’s Employment Standards Code. Find more answers in our Knowledge Centre.
Non-compete clauses fall under the broader term “Restrictive Covenants”, which encompass non-competition and non-solicitation clauses often included in an employment agreement. These clauses are typically triggered against an employee when the employment relationship ends and require the employee to continue the duty of good faith and loyalty, beyond the term of the employment relationship.
Non-compete clauses prohibit former employees from taking a new position with a competing business. This is to avoid the risk that an employee may begin working with a competitor and use an advantage gained by working with their previous employer such as trade secrets, client lists, marketing strategies, etc.
Non-solicitation clauses are less restrictive than non-compete clauses. While an employee subject to a non-solicitation clause can generally work for a competitor, they will be prohibited from contacting their former clients once they have started working for a competitor.
The enforceability of restrictive covenants can vary across Canada and can also vary depending on the industry and nature of the business.
Generally, the law attempts to balance the public interest in maintaining freedom of trade against reasonable limits on trade to protect private business interests. For that reason, any contract restricting commercial activity, including a non-compete or non-solicitation clause, is difficult to enforce.
To be enforceable, non-compete and non-solicitation clauses must be:
Reasonably necessary for the protection of the employer’s legitimate business interests
Clear and unambiguous
Limited to a reasonable geographic scope and duration of time
Reasonable in the activities it prohibits the employee from engaging in
For example, the courts will not enforce a non-compete clause if a non-solicitation clause would adequately protect the employer’s interests. Where a non-solicitation clause provides adequate protection, a non-compete clause will be unenforceable because it is overly restrictive.
Yes, if an employer unlawfully terminates an employment relationship, it’s possible the employer may not be able to enforce a non-compete or non-solicitation clause. This includes a case where an employee has been constructively dismissed, meaning the employer has unilaterally changed the fundamentals of the employment contract.
In the case where an employer has validly terminated an employee for just cause, it’s more likely the employee will have to follow any restrictive covenants contained in the employment agreement.
Frequently asked questions about non-compete clauses
If an employer discovers a former employee is actively breaching non-compete or non-solicitation, they can apply for an injunction to prohibit the employee from engaging in the restricted activity.
At Cashion Legal, we work with our clients to review restrictive clauses in employment agreements before they sign, or to review the enforceability of these clauses after termination.
Having your employment contract reviewed is a prudent and responsible step to protect your rights and interests as an employee. An employment contract review will allow you to:
-Gain a clear understanding of your rights, obligations, and entitlements as an employee. This includes information about your salary, benefits, working hours, leave policies, termination procedures, and more.
-Identifying unfair or unfavorable terms, including restrictive covenants, non-compete clauses, confidentiality agreements, or ambiguous terms.
-Ensure that the terms and conditions stated therein align with the applicable employment laws in your jurisdiction.
-Negotiating better terms, including improved job security, enhanced benefits, increased compensation, or other favorable changes.
-Ensuring the agreement is clear, unambiguous, and accurately reflects the agreed-upon terms to prevent potential disputes.
Your employment contract should be reviewed before it is signed, otherwise you may not be able to request any future changes to your contract.
Employment contract reviews can generally be completed within a week, subject to our availability.
The cost of an employment contract review depends on the employment contract itself. We can provide a quote for your employment contract review after you have provided our office with a copy of your employment contract.
We have a solution.
Our dedicated lawyers are here to provide clear, actionable solutions tailored to your specific needs. Whether you’re an employer or an employee dealing with a non-compete or non-solicit contract, we offer insightful analysis and strategic guidance to help you understand your rights and options. With a commitment to delivering clarity and effective representation, we work tirelessly to resolve your employment law concerns efficiently and favorably. Trust us to be your knowledgeable partner in achieving the best possible outcomes and bringing peace of mind to your employment-related matters.
INTEGRITY
We care about our clients.
Maintaining the highest standards of honesty and transparency is the cornerstone of our services. Every case we handle is approached with respect for all parties involved.
Clarity
Bringing clarity to the unknown.
We know that workplace issues are full of uncertainty, so we bring clarity to your situation, with constructive options for moving forward.
Advocacy
Belief in strong representation.
Employees and employers both deserve fairness in workplace issues. We advocate strongly with the goal of achieving the right outcome.
what we do
Unsure of your rights after a dismissal?
Struggling with a workplace conflict?
We can help mitigate the impact on your career and finances.