Non-solicitation agreements and non-compete agreements are also known as “restrictive covenants” since they seek to restrict the behaviour and actions of departing employees (i.e. employees who have been terminated or who have quit). Restrictive covenants are usually included in an employment agreement, or in a separate but related agreement that an employee signs before they start working for an employer, or when terms of employment are being renegotiated. If employees are not careful, such agreements can have a negative impact on what they are able to do or where they may be able to work in the future.
If you are negotiating terms of a new position which require you to sign a non-solicitation agreement or a non-competition agreement, are thinking of moving to a new job where you may be in violation of such an agreement or have been accused by a former employer of breaching a restrictive covenant, you should seek advice from an employment lawyer as soon as possible to mitigate your risk and ensure that your rights are protected.
At Sultan Lawyers in Toronto, our knowledgeable employment lawyers regularly draft, review, challenge, and defend restrictive covenants for employees across various sectors and industries. We help employees enforce their rights, manage their risk, and ensure that their interests are protected.
These agreements, commonly known as “non-competes”, seek to restrict a former employee from, among other things, using or disclosing confidential information, hiring employees of their former employer, interacting with clients, suppliers, or other parties relevant to their former employer’s business, or otherwise competing with their former employer.
While such language is often included in employment agreements, it can be difficult to enforce, depending on how the contract is worded and how much behaviour is restricted. Employers who wish to enforce the terms of a non-compete must generally convince a court that such terms are absolutely necessary in order to protect their interests.
A non-solicitation agreement seeks to prevent a former employee from being able to approach or do business with clients, suppliers, or other parties relevant to their former employer’s business. Non-solicitation agreements are generally easier to enforce than non-competes.
At Sultan Lawyers we help employees understand the language in their employment contracts, including any non-competition or non-solicitation agreements they may be subject to. Where needed, we can help you negotiate terms, defend against allegations of breaches of such terms, and otherwise provide you with necessary legal guidance. Contact us online or at 416-214-5111 for a consultation.
“I want to sincerely thank Sharaf Sultan and his team for their assistance. Right from the beginning, I knew they were extremely knowledgeable and hard working. I also had confidence that Sharaf and his team understood my perspective and that they were prepared to work hard to receive the best result possible. Sharaf and his team were always professional and diligent when providing legal services. He truly went above and beyond my expectations. The whole team provided honest and precise services and they managed to solve any problems that arose during my case. I would definitely work with them again!!”C. Bell
“Kristine Gorman of Sultan Lawyers was terrific in helping me get a Canadian work visa. Responsive, friendly, but mostly incredibly thorough and efficient, she was a life line for when I needed wise counsel and focused expertise.”D. Baum, Ph.D., D.Min. Management Consultant
“Sultan Lawyers provided a great experience during a difficult time with my employer. Kristine was extremely thorough and knowledgeable when reviewing and articulating the risks and details of my severance package. I am thankful for Kristine as her expertise enabled and empowered me to confidently make a decision on my options.”James V.
“I wholeheartedly endorse Sharaf and Alexandra for their employment expertise and their impressive level of client service. Not only was their legal counsel top-notch, but Sharaf helped me navigate the tricky emotional waters related to my matter in a healthy way. He saw the big picture and helped me toward the best possible outcome for me now and into the future. As a lawyer myself, I realised that the smartest thing I could do in my circumstances was to have excellent legal advice, and Sharaf and Alexandra went above my expectations. It was empowering to work with them, and I can't thank Sultan Lawyers enough!”N. Haras
I had an incredible experience working with the Sultan Lawyers team from start to finish. They were friendly and professional, and made me feel at ease with what I was going through. They provided me with some incredible advice, which resulted in a better outcome than I had expected. They also followed up with me to make sure everything was ok, which was a lovely touch, they really care about their clients. I also felt like the service I received was incredibly affordable, and I would definitely recommend Sultan Lawyers to anyone, without hesitation.A. Kelly
When the ownership of a business changes, the future of the company and its employees may be uncertain. It’s important to understand your rights as an employee when there is…
Ageism is a form of social prejudice that is often overlooked in comparison to, for example, gender or race-based discrimination. Ageism is defined by the World Health Organization as the…
Employers in Canada have a duty to accommodate employees who suffer from mental illness and poor mental health. Mental health and mental illness are not the same thing, even though…