WHY CHOOSE OUR EMPLOYMENT LAWYERS

We help Alberta employees and employers understand, negotiate, and challenge non-compete agreements. Our team provides clear legal advice, strategic solutions, and peace of mind so you can make informed decisions.

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

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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.

A non-compete clause falls 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.

A non-compete clause is a specific section in an employment contract that prevents an employee from working for competitors after leaving a job. A non-compete agreement is a broader contract that may include multiple restrictive clauses, such as non-solicitation or confidentiality agreements.

Non-solicitation clauses are less restrictive than non-compete clauses. An employee subject to a non-solicitation clause can generally work for a competitor, however they will be prohibited from contacting their former clients once they have started working for a competitor.

The enforceability of restrictive covenants varies across Canada and can depend 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 to protect 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. In this situation, a non-compete clause will be unenforceable because it is overly restrictive.

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 clauses contained in the employment agreement.

how our clients feel

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Brenda

Competent, Confident, Reasonable, Personable, Expedient, Understanding, Compassionate and a Knowledgeable Lawyer. Mike Cashion listened, empathized, advised, defended and obtained a successful result. You corrected an unfair situation. Thank you so much!

Randy

Mike did an excellent job settling my unique employment matters in a very timely and professional fashion! I highly recommend him for your legal needs! Thanks Mike!

Sheryl

[We] were so impressed with Mike’s professionalism, honesty and compassion. He was always very responsive and transparent throughout the whole process and provided solid advice. I highly recommend Mike to anyone needing advice with an employer concern and would hire him again if required! Mike is a true caring professional.

Jay

Michael Cashion was the best lawyer I could have hoped for. He always took the time I needed to understand every step of the process completely. His research was complete and thorough and he helped me to have a pleasant experience and outcome.

ACBS Accounting

He was very professional, compassionate and supportive. After hearing me out, he patiently explained the pros and cons of my case and my options to decide. His fees were reasonable and fully explained based on the legal options that I chose to pursue. My case was concluded to my satisfaction and peace of mind after two months of consultation with Mike. I highly recommend Mike and his firm. They are professional, knowledgeable and passionate about what they do.

cashion legal employment lawyers

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

Book a consultation today.

Having your employment contract reviewed is an important 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.
  • Identify unfair or unfavourable terms, including restrictive covenants, non-compete clauses, confidentiality agreements, or ambiguous terms.
  • Ensure that the terms and conditions stated in the contract align with the applicable employment laws in your jurisdiction.
  • Negotiate better terms, including improved job security, enhanced benefits, increased compensation, or other favourable changes.
  • Ensure 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.

cashion legal employment lawyers calgary non compete

We have a solution.

If you’re facing an employment-related situation, whether you’re an employer or an employee, it’s normal to feel unsure of what to do next. At Cashion Legal, our employment lawyers will work closely with you to:

  • Provide clear, actionable guidance tailored to your situation
  • Offer strategic solutions to help you move forward with confidence
  • Deliver efficient, focused representation as your employment law partner
  • By working with us, you’ll gain peace of mind knowing you have an experienced team on your side.

Let’s take that first step together.


non compete clauses calgary

clarity

Bringing clairty to the unknown.


Workplace issues are full of uncertainty, so we bring clarity to your situation with constructive options for moving forward.

PEACE OF MIND 

Support you can trust.


Employment law matters can be overwhelming. Our experienced team offers consistent, supportive guidance so you feel secure and confident throughout your case.

STRATEGY

A plan tailored for you. 


Every situation is unique. We work with you to develop a tailored plan that aligns with your needs and goals, ensuring you’re empowered to take control of your career.

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.

Wrongful Dismissal

When an individual’s employment is terminated without cause and without reasonable notice.

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Constructive Dismissal

When an employer breaches an essential obligation that is imposed by the employment agreement.

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Workplace Discrimination

When an employee experiences discriminatory treatment based on factors such as race, gender, or disability.

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Severance Packages

When an employer offers payment and benefits upon termination while also requiring signature on a release.

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Workplace Harassment

Failure of an employer or a co-worker to treat an employee with civility, decency, and respect.

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Non-Compete Clauses

An employer’s attempt to protect the business and limit an employee’s ability to work with a competitor.

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Termination for Cause

When an employee is terminated without notice or pay in lieu due to an act of serious misconduct.

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Contact us

Sometimes, you just need to take the next step.

If you’ve been struggling with a workplace issue, you’re in the right place and we’re here to help. Booking a consultation is the first step.