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Category Archives: Restrictive Covenants

Restrictive Covenants: What Did I Agree To?!

Imagine that you have been the loyal and dedicated employee of the same employer for many years. After receiving a lucrative job offer from another company, you are able to make arrangements to part ways with your current employer amicably. Several months later, a client of your former employer approaches you and tells you that they are no longer happy […]

Top 10 Employment Law Developments of 2016

One might think that by the year 2017, employment law would be settled and there would be few, if any, issues that are unpredictable or where the law is “open to interpretation”. That would be wishful thinking; 2016 included its share of new developments, surprising court decisions, and significant legislative developments. The reality is that as social attitudes evolve, the […]

Understanding Restrictive Covenants

As one of my recent Canadian HR Law blog posts details, there is a seemingly never-ending battle between the rights of employers to protect their legitimate business interests and the rights of individuals to pursue their livelihood. It often comes as a shock to organizations that one of their employees could leave, join their fiercest competitor, and immediately begin pursuing […]

Restrictive Covenants – Can Contract Establish “fee” for taking clients?

It’s no secret that organizations want to prevent employees from moving to the competition and going after their customers. They often attempt to use restrictive covenants, like non-competition or non-solicitation clauses, to do so. At the same time, society requires that people be free to work without unreasonable restraint. In my latest Canadian HR Law Blog post, I discussed the […]

Breach of settlement? What happens when employer discovers that former employee is working for a competitor?

It happens every now and then: the parties to a dispute agree to resolve their differences, typically with the employer agreeing to pay the employee a certain amount of compensation, and the employer subsequently learns that the employee is working for a competitor. Typically, they will react out of anger, immediately stopping all payments pursuant to the settlement. Can they […]