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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have a better offer to go to a competing company, but have

Customer Question

I have a better offer to go to a competing company, but have a 6 month non compete clause- how can I get around this?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Does the noncompetition clause state you cannot work for a competitor for six months after you cease employment?

Does it have a geographical restriction? If so what is it?

Customer: replied 1 year ago.
Hi there,
Thanks so much for responding. In legal terms, I believe yes it does state that. I signed this agreement when I got hired on as a "Regional Program Manager" (covering Ontario and Manitoba). I since then took a promotion 2 years ago as "Key Account Manager" (national), but didn't sign a new agreement when I took the new role.The agreement covers Ontario and Manaitoba.I've attached for your reference, would feel much better about having a legal brain look over it and provide feedback.Thanks so much
Expert:  Debra replied 1 year ago.

When considering whether to uphold a noncompetition agreement the court always wants to balance the right of the former employer not to lose business because of the former employee against the right of the former employee to earn a living.

In most cases a court will only uphold a noncompetition agreement if it is seen as reasonable and not too restrictive. A six-month restriction is generally considered to be reasonable. However a two province restriction is generally considered to be much too restrictive and for this reason it is not likely that the court would uphold this noncompetition agreement.

I actually cannot review the actual contract because you are not my client and I'm not allowed to practice law unless you are my client so your next step really should be to briefly consult with a lawyer face-to-face to confirm my information and to have the lawyer review the contract.

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