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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I am doing up a non-disclosure agreement . Non-Competiti

Customer Question

I am doing up a non-disclosure agreement for Saskatchewan. For the Non-Competition and Non-Solicitation clauses I have left the date as "Unsure" and then manually filled in on the document "3 years after leaving employment".
Then as I am going through the document there is a "Termination" Clause that states that this document will automatically terminate on the date of termination of the employee's employment with us.
Since the whole point of a non-disclosure and non-compete is to protect your business after the employee leaves, I don't understand why this clause is in here? It seems to eliminate the other clauses where we've entered a timeline of 3 years after the employee has left.
Please help with this matter.
Submitted: 1 year ago via LawDepot.
Category: Canada Law
Expert:  Debra replied 1 year ago.
The non-disclosure agreement is not adequate or complete if all you are saying is correct. Generally, the provisions dealing with non-disclosure or non-competition would be stated to survive the termination of the contract. I don't know who worded the contract but I suspect it was not a lawyer. Or, perhaps you are missing some of the wording that does relate to these provisions surviving the termination of the contract. Does that answer your question?
Customer: replied 1 year ago.
Thank you for the information. No that does not answer my question. The legal contract that I used is from The Law Depot. I filled in the criteria and it gave me the agreement. I need a non-compete and non-disclosure that stays in effect after the employee finishes work here, so that they can not go work for a competitor and give that competitor our confidential information.Can you please help me with this.Thank you,Sydney
Expert:  Debra replied 1 year ago.
You cannot rely on a legal document that you obtained from a company online that provides templates. There are reasons why people need to see lawyers and pay lawyers for proper legal advice and for properly constructed legal documents. You should understand that lawyers go to law school for years and then are required to become experienced at practicing law under supervision before they can become actual lawyers. So, it is inconceivable that you can get a document for a nominal fee online and hope that it will do the job. I am not your lawyer and cannot provide you with any legal documentation. The lawyers on this site only provide general legal information. If you want to protect yourself from a lawsuit down the road you will need to retain an employment lawyer in your city and pay the lawyer appropriate legal fees to do up this very important and complex legal document for you. I am sorry that this is not the answer you are hoping to hear, but it is the honest answer, and while you are not my client I want to make sure that my answer protects rather than harms you.

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