Non-Competition & Non-Solicitation Agreements 

What Are Non-Competition and Non-Solicitation Agreements? 

Many employers require employees to sign non-competition and non-solicitation agreements as part of their employment contracts. These agreements are intended to protect the employer’s business interests, but they often impose unreasonable restrictions that can negatively affect your career. 

• Non-competition agreements: These agreements purport to prevent you from working for a competitor or starting a competing business, usually for a specified time period and within a specific geographic area after leaving your employer. 

• Non-solicitation agreements: These agreements purport to restrict you from soliciting former clients, customers, and/or co-workers after leaving your job. 

While employers may argue that these agreements are necessary, not all restrictive covenants are enforceable under Alberta law. If you are a party to a restrictive convenant, seek legal advice from a knowledgeable employment lawyer in Calgary to determine whether the purported restrictions imposed on you are valid and enforceable.

Are Non-Competition and Non-Solicitation Agreements Enforceable? 

Courts in Alberta scrutinize non-competition and non-solicitation agreements carefully. In many cases, these agreements are overly broad, unreasonable, or unfair to employees. Factors that impact enforceability include: 

• Duration of the restriction: A lengthy limitation (for example, more than 12 months) is less likely to be upheld. 

• Geographic scope: A restriction covering an area that is too large may be considered excessive. 

• Nature of the restriction: The agreement must protect legitimate business interests. 

• Position and industry: Courts assess whether the restriction is necessary for the specific role and industry. 

• Fairness and consideration: Employees should receive something in return for agreeing to these restrictions, such as compensation or additional benefits. Continued employment alone is usually insufficient. 

Is your former employer attempting to enforce an unfair or overly burdensome restrictive covenant? Our Calgary employment lawyers can help challenge its validity and protect your ability to secure new employment. 

How We Help Employees Facing Restrictive Covenants 

Our firm exclusively represents employees, meaning we are committed to protecting your rights, career opportunities, and financial future. Here’s how we can help. 

• Case assessment: We review your non-competition and non-solicitation agreement to determine its enforceability under Alberta law. 

• Legal advice on compliance: If the agreement is enforceable, our employment lawyers provide clear guidance on what you must do to comply with it and possible ways to challenge it.

• Negotiation and resolution: If the agreement is unfair, we negotiate with your former employer to reduce or eliminate restrictions. 

• Litigation support: If necessary, we represent you in legal proceedings to challenge the agreement's enforceability and secure your right to work freely. 

Why Choose the Employment Lawyers at JSB Law 

At JSB Employment Law, we ensure that unfair contractual restrictions do not limit your career growth. Our firm is known for successfully helping countless employees in Calgary challenge restrictive agreements to protect their professional opportunities. 

We assess all legal risks and obligations to develop the best approach to your case. By resolving disputes efficiently, we help you minimize legal costs. When you choose to work with us, you will find that we prioritize clear communication and strategic legal representation to ensure the best possible results. 

Contact Our Employment Lawyers in Calgary Today 

If you have been terminated and are facing restrictive covenants that could impact your ability to work, this is not the time to navigate employment law alone. Let our skilled employment lawyers in Calgary advocate for you and protect your future. 

Call us at 403-620-5400 or schedule an appointment online for a consultation.