Non-compete clauses are now added to employment contracts throughout Calgary and Alberta. At first glance, they often seem like another section or box to check before starting your new job. But these clauses can have a serious effect on your new position, despite already thinking you are cleared to leave your previous employer. This can lead to your work choices being cut down and becoming more limited. That is why it is important to talk to a Calgary employment lawyer before signing anything with a non-compete clause.
What Is a Non-Compete Clause?
A non-compete clause is a section in the contract or agreement that states you cannot work for a rival business or create a new one that shares the same industry as your previous company. This does not mean until the end of time, however, as it can only be set for a certain amount of time after leaving your previous company. Employers enforce this clause as a means to protect their insider information, clients or customers, and other business-related interests.
Why You Should Be Careful Before Signing
Non-compete clauses can either be too broad or vague, which can limit your options and hinder you from expanding your career. For example:
- You might be blocked from working in your field for months after you leave
- The geographic coverage area of the clause could be greater than what is enforceable under the law
- The wording in the document could be confusing about the kind of off-limits jobs
It is not advisable to immediately sign and agree to a document without thoroughly reviewing it. However, there are instances where you may have missed a part and failed to grasp the full essence of it. This could lead you to end up agreeing to something that could hinder your job search and prove to be a challenge to face. If you end up accepting a job that the clause restricts, your former employer could end up taking legal action against you.
A Calgary employment lawyer can help you review your contract, explain the details of the clause, and help negotiate terms that are fairer and reasonable to you.
How Alberta Courts View Non-Compete Clauses
It is important to know that Alberta courts do not automatically enforce a non-compete clause found in every agreement. As the court takes its time to review and check whether the clause protects a legitimate business interest, and if the restrictions are within reason.
If a clause is too restrictive or vague, it might not hold up in court but it doesn’t mean it won’t cause stress or complications if you sign it without knowing your rights.
How a Calgary Employment Lawyer Can Help
Before you put pen to paper, getting advice from a Calgary employment lawyer can make a big difference. They can:
- Explain the fine print in everyday language
- Help you understand if the clause is fair and legal in Alberta
- Suggest changes or alternatives that protect both you and your employer
- Help you avoid future legal headaches and protect your ability to work
Protect Your Future
Failing to understand the full extent of the non-compete clause can become a challenging factor in accepting your new occupation. Which is why taking action now rather than later could prove beneficial for you, especially in the long run. Since you will be able to differentiate the parts that are important to take note of and avoid accidentally violating the clause.
If you’ve been let go or mistreated at work and believe discrimination played a part, you deserve answers. At JSB Law, our Calgary employment lawyers represent employees, understand Alberta’s laws, and are here to help you figure out what comes next.
Book a confidential consultation today. We’ll listen. We’ll be honest with you. And we’ll help you move forward, on your terms.