Non-Solicitation & Non-Competition Agreements

Written By louise lu

Often, employers may try to restrict employees’ activities not only during their employment, but also after they leave. There are many types of restrictions, including restrictions on the use of confidential information, restrictions on hiring employees away from the employer, and restrictions on using suppliers.

Usually, the restrictions are contained in a written document: most commonly non-solicitation agreements and non-competition agreements, or “non-competes”.

The employment lawyers at Rousseau Mazzuca LLP have drafted, reviewed, interpreted, challenged, and defended hundreds of non-solicitation and non-competition clauses in various industries. We understand the nuances of these clauses, and can help employees protect their interests.

NON-SOLICITATION AGREEMENTS
A non-solicitation agreement restricts a departing employee from approaching clients of their former employer, and/or seeking their business. These agreements are often more easily enforceable than non-competes, as long as they are clear and reasonable.

NON-COMPETITION AGREEMENTS

A non-competition agreement goes much further than a non-competition agreement and prohibits the employee from even working elsewhere in the same industry for a period of time, whether on their own, or for a competitor.

Non-competition agreements are more difficult to enforce than non-solicitation agreements. An employer who wants to enforce a non-compete must convince a court that a non-compete is absolutely necessary in order to protect their interests. The Ontario Employment Standards Act, 2000 also prohibits most, though not all, non-competition agreements made after October 25, 2021.

louise lu
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