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How long should a non-solicitation clause last?

The duration and scope of a non-solicitation clause depends on the field of business in which the company operates and its type of clientele. Depending on the employment contract, it may remain in force up to one (1) year after the end of the employment relationship and may apply nationwide.

What is a reasonable non-solicitation clause?

Non-Competition / Non- Solicitation Services These are sometimes enforceable against employees in Alberta, but often they are not. A very basic example of a non-solicitation clause is, Employee shall not solicit the clients of Employer for a period of 12 months after termination of employment for any reason.

What is a non-solicitation clause with penalty?

Non-solicitation clauses also typically require the employee to pay a certain amount of financial consideration (e.g., a penalty fee) in the event that they bdocHub their non-solicitation agreement.

How enforceable are non compete clauses in Canada?

If you are an employee who has been given a non-compete clause with your Employment Agreement, it may no longer be enforceable. Employers are no longer permitted to issue non-compete agreements to their employees in Ontario.

How do you get around a non-solicitation clause?

Yes, there are a couple of ways to get around a non solicitation clause. An employee can either renegotiate the terms of the clause or the employee can dispute the clauses enforceability. Like the WARN Act helps protect employees, non solicitation clauses help safeguard companies.

What is typical non-solicitation?

Simply put, non-solicitation clauses prevent employees from soliciting the customers, clients, employees or business partners of his or her employer. These clauses generally apply throughout the duration of employment as well as for a defined period of time after employment ends.

How enforceable are non-solicitation clauses in Canada?

In fact, they are generally presumed to be unenforceable unless the employer can demonstrate that theyre reasonable in the circumstances. If you have any questions or concerns about the enforceability of a non-competition clause, it is a good idea to seek legal advice from an experienced employment lawyer.

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Add contents in the Non Solicitation Agreement Template