Slide side in the Free Non-Compete Agreement

Aug 6th, 2022
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How to slide side in the Free Non-Compete Agreement

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Hi my name is Steve Parr, Im a Vancouver business lawyer and today were gonna take a look at non-competition and non-solicitation clauses. these types of clauses are often found in employment agreements, contractor agreements and also shareholder and partnership agreements so theyre very important to understand so a non competition clause is often found in an employment agreement so in that context the employer is prohibiting the employee from competing with the business both for the term of the employment and for a period of time after the employment is over so whether the employee leaves or is fired it doesnt really matter but for a period of time usually six months to a year that employee is going to be prohibited from competing with the business this clause can further be scoped down on a geographic basis so this can only take effect say within the City of Vancouver or within some other parameters so say within 15 kilometers of the company headquarters now the thing that both e

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I agree that during the course of my employment and for a period of twelve (12)months immediately following the termination of my relationship with the Company, whether I resign voluntarily or am terminated by the Company involuntarily, I will not, without the prior written consent of the Company, whether paid or not:
(1) Non-compete clause means a contractual term between an employer and a worker that prevents the worker from seeking or accepting employment with a person, or operating a business, after the conclusion of the workers employment with the employer.
First of all, it does not need to be a separate document that is entitled Non-Competition Agreement. Often, it is a paragraph buried within the onboarding package and might say, Upon leaving the company, the employee is prohibited from working for another organization in the same industry or which competes with the
Employee agrees that for [months/years] after Employee is no longer employed by the Company, Employee will not directly or indirectly solicit, agree to perform or perform services of any type that the Company can render (Services) for any person or entity who paid or engaged the Company for Services, or who
The following are the most common ways to get out of a non-compete agreement: Determine that the terms of the contract do not in fact prevent you from a desired course of action. Recognize when a non-compete contradicts the law. Negotiate a release agreement with the involved parties. Ignore the agreement.
Unreasonable Time Period. The amount of time the employee is restricted from competing with the employer must be reasonable. An extended period where the employee cannot seek competing employment is not considered reasonable.
Agreement is for too long a time period: For employees, a period of less than 6 months is presumed valid, and over 2 years is presumed invalid. In between, the employer will have to prove that the time period is reasonable. However, most courts will assume that agreements up to 2 years are reasonable.
Covenant Not to Compete. You agree that at no time during the term of your employment with the Company will you engage in any business activity which is competitive with the Company nor work for any company which competes with the Company.

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