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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101044
Experience:  Lawyer
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i had a contract with the employer where if I resigned from

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i had a contract with the employer where if I resigned from my position,I would not be working for 6 months in a competing firm as part of my job contract. I wish to work in a competing firm in the industry. I have no intention of stealing clients or supplying competitive information to my new firm. But I do wish to take up a job and not be unemployed. Is there some way I can get redressal for this?
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Did you understand what you were signing when you signed this non-competition agreement?
Customer: replied 4 years ago.

I understood the intent, but I needed the job at that time, so I had to take up the offer.

In Ontario non-competition agreements are binding so long as they are reasonable and were entered into freely knowing what the agreement meant.

So the agreement sounds like it is binding and the employer could enforce it through the courts if necessary.

However, you didn't mention the geographical boundaries and perhaps they are unreasonable. 6 months, in terms of timing, is generally considered very reasonable.

At the same time, I cannot read the contract and to be sure it is worded properly and fairly I do think your most prudent next step would be to have an employment lawyer review the contract and your set of facts.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

Let me know if you need any further clarification.
Debra and other Canada Law Specialists are ready to help you

Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!
Customer: replied 4 years ago.

I have booked the flight on October 10th to Saskatoon. I shall be arriving in Sakatoon at 10:20 on the morning via air Canada flight 1121. I shall report to work on the 11th of October.
I shall make the arrangements for living and transportation next.
I shall keep you updated as I finish the same.

Please do and good luck.