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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I'm under contract with an employer, and I plan to give my

Customer Question

I'm under contract with an employer, and I plan to give my resignation shortly. I'm currently on Maternity Leave. My contract states that I will not compete with the company, work for a competitor, or share proprietary information for a term of 2 years following my resignation. My question is, can my employer legally bind me to this contract in Alberta? I have formal training in the field that I was working in, and am certified outside of the company.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Noncompetition agreements can be binding. Contrary to what many think, a court will enforce a noncompetition agreement in many cases.

However, it is not likely that you can be that held to this contract because a two-year restriction is generally considered much too long. In fact in most cases a court would not enforce a contract that goes beyond a one year restriction period.

But to be sure, it would be best for you to have your contract reviewed by an employment lawyer face-to-face.

Customer: replied 1 year ago.
Thank you. Would the time begin from when I give my resignation, or from the time my maternity leave began?
Expert:  Debra replied 1 year ago.

It would begin from when you give your resignation.

Customer: replied 1 year ago.
Thanks
Expert:  Debra replied 1 year ago.

You are very welcome.

If we are done please rate me now so that I can receive credit for my work.

Thanks and take good care.

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