Why are non-solicitation, non-competition clauses rarely used?
The employer has a sincere concern of employees taking clients with them as they leave. But, they can still do other types of business together without making the employer lose its own. Restrictive covenants that are so long would have significant disruptive effects on the markets, inhibiting the free market.
Why was the non-competition clause in the specs contract ambiguous?
Huartt argued that the non-competition clause was ambiguous because the contract lacked a clear description of SPECS’ business in order to determine what would constitute competition, but this argument failed because the Court concluded that Huartt was fully aware of both what his own role was within SPECS and the business that SPECS conducted.
Can a non solicitation contract be enforced in court?
Most people don’t know, but most cases don’t even make it to court. Most contracts don’t even get enforced in reality. These non-competition and non-solicitation clauses often become unenforceable, for the following reasons. Is the term too broad and unjust to even be enforced?
When are Non-Solicitation Agreements are enforceable-Rothman?
Courts are more likely to enforce this type of agreement than agreements that prohibit the solicitation of clients. This is because preventing workers from soliciting employees is less restrictive to running a business than preventing workers from soliciting clients.
Is the non competition clause enforceable in Ontario?
Are Non-Competition and Non-Solicitation Clauses Enforceable? Generally, non-competition clauses in regular employment relationships are difficult to enforce in Ontario. Employers and employees alike may be better served by giving serious consideration to whether such a clause should even be included in an employment contract at all.
What are non competition and non solicitation clauses in employment contracts?
It is common for clients to seek advice about the legality of non-competition and non-solicitation clauses (sometimes referred to as “restrictive covenants”) in their employment contracts. For someone who has recently lost their job, the idea of having to sit on the bench for months or face risking a law suit can present a serious dilemma.
Can a Non Solicitation Agreement be enforced in Ontario?
Generally, non-competition clauses in regular employment relationships are difficult to enforce in Ontario. However, non-solicitation clauses may be enforceable, but need to be clear, unambiguous, and reasonable in light of the employee’s position, knowledge and responsibilities.
Huartt argued that the non-competition clause was ambiguous because the contract lacked a clear description of SPECS’ business in order to determine what would constitute competition, but this argument failed because the Court concluded that Huartt was fully aware of both what his own role was within SPECS and the business that SPECS conducted.