17. Our company was acquired by another company, and we are now told that we are subject to non-compete agreements. Can the new employer enforce the agreement against us? In its letter 14-2/-942 of October 19, 2017, the Ministry of Labour examined whether it is legitimate for an employer and a worker to enter into a non-compete agreement under which the employee agrees not to work for the employer`s competitors, not to set up a competing business with the employer and to pay a penalty if he or she does not follow that obligation. Probably not. Most courts require you to accept the terms of a non-compete clause – z.B by reading and meaning it. As a general rule, it is not enough for the employer to tell you that he is there for you to be bound by his conditions. If a worker violates the non-compete agreement and pays the employer compensation without liquidation if the employer asks the employee to continue to fulfill the non-competitive obligations, as agreed, the People`s Court supports that claim. If the average monthly salary of 30% for the twelve months before the end or expiry of the employment contract is less than the minimum wage in the region in which the employment contract is executed, the employer pays according to the minimum wage. A non-compete clause is a contract that prohibits an employee from working or becoming a competitor for a certain period of time. If an employer asks you to sign an employment contract with a non-compete clause, be sure to read the fine print and ask yourself if the non-competition clause is relevant, fair and appropriate for you as a worker.
It`s not enough that your employer simply doesn`t want you to bring your skills and skills to a competitor. There must be a good reason for non-competition bans. For example, if the employer introduces you to the best customer, there may be a legitimate interest in preventing you from going to a competitor and luring those customers away. Goodwill developed in relation to customers gives the employer a competitive advantage. They can prevent you from withdrawing capital from it, so they are entitled to protection. The courts are very reluctant to impose a non-compete clause so broad that it prevents an employee from working. In addition, there are courts that have relied on state constitutions to limit the ability of employers to prevent a worker from working. On the other hand, the employer can take legal action to obtain what is called an “injunction” or injunction to prevent you from violating your contract.
Since a violation of a no-competition agreement can cause direct harm to the employer, the Tribunal will often apply expedited procedures in these cases. Once your employer seeks an injunction or injunction, it can only be a matter of days or weeks before being heard by a judge. You may have very little time to keep a lawyer and discuss your case with that person, so be sure to question the help of an experienced work lawyer as soon as you know your employer is challenging your actions. Under the title “Digital,” non-competition bans are a hot topic. As competition intensifies and employees change jobs more often, it is more necessary to keep secrets and valuable employees secret in your business. The correct use of a non-compete clause can protect your business. In the United States, the legal status of non-compete agreements is a matter of national jurisdiction. States are very different in their application and recognition of non-competition agreements, and many national legislators have recently conducted debates and updated legislation on non-competition agreements. Canadian courts will apply competition and non-appeal agreements, but the time, scope and geographic scope of the agreement must be limited to what is reasonably necessary,