If you’re starting a new job or thinking about leaving your current one, you might have noticed a section labeled as ‘non-solicitation clause’ in your contract. It sounds complicated, but really, it is just a rule about the things you can and can’t do in association with former clients or previous colleagues after leaving your workplace. You may have concerns about understanding it, which could lead to further trouble if you accidentally breach the clause. Don’t panic if you feel like you are unsure about what to do next, as a Calgary employment lawyer, we will be available to help out.
What Is a Non-Solicitation Clause, Anyway?
It’s a part of your contract that says you shouldn’t try to take your former employer’s clients, customers, or sometimes even coworkers with you when you leave. It’s their way of protecting their business relationships.
You’ll usually see these clauses in jobs where who you know matters — like sales, consulting, or tech — but they can show up in a lot of other places too.
Why Should You Care?
The problem is that some wording within the clause is not easily understood. Sometimes, they are written quite vaguely, which would make it harder to understand. Such as:
- Can you tell a client you’ve started a new job somewhere else?
- What if a client contacts you first — can you work with them then?
- Does staying connected with old coworkers on LinkedIn count as “soliciting”?
The answers aren’t always clear. Even if you didn’t mean to breach the clause or cause any problems, your previous employer may think you did break the items listed within the clause, which could prompt them to take legal action. This is where it is a good idea to reach out to a Calgary employment lawyer before doing anything you are not sure of.
Are These Clauses Always Enforceable?
Not always. Alberta courts look closely at these kinds of rules. For a non-solicitation clause to hold up, it needs to:
- Protect a real business interest — like clients you had access to because of your job
- Be reasonable in how long it lasts (usually no more than six to twelve months)
- Be clear about what’s restricted — if it’s too vague, it likely will not be enforceable
So even if you signed a contract with this clause, it doesn’t automatically mean it’s ironclad. Getting advice from a Calgary employment lawyer can help you figure out what it means for you.
Already Left Your Job? What Now?
If you have already left work and are not sure what you are allowed to do, don’t overthink and stress about it. It could be particularly difficult to gauge your freedom if the clause is too broad or unclear. This is where a lawyer can help figure things out and help you to differentiate the important sections. Especially if you are eager to focus on your new position at work.
Keep in mind that this is not about causing trouble but about avoiding worrying about causing legal headaches.
How a Calgary Employment Lawyer Can Help
These clauses can feel intimidating, but you don’t have to figure it out alone. A Calgary employment lawyer can explain what’s going on in plain language and help you understand your options. Whether you’re signing a new contract or dealing with one from a past job, having someone on your side makes a big difference.
Want to get clear on your non-solicitation clause?
At JSB Law, our Calgary employment lawyers work with people just like you who want straightforward answers and fair treatment. Book a confidential consultation today. We’ll listen. We’ll be honest with you. And we’ll help you move forward on your terms.
