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Can my employer ask me to sign a non-compete? If so, under…

Customer Question
Can my employer ask me...
Can my employer ask me to sign a non-compete? If so, under what circumstances and what are considered reasonable limitations?
Submitted: 11 months ago.Category: Canada Law
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Customer reply replied 11 months ago
Need enough information to present for 3-4 mins
Customer reply replied 11 months ago
Under which act does this question fall under? Where would you go on a legal paper which would apply to this. Saskatchewan Employment Act
Answered in 2 days by:
9/26/2017
Lawyer: Daniel Freudman, Lawyer replied 11 months ago
Daniel Freudman
Category: Canada Law
Satisfied Customers: 1,405
Experience: Lawyer
Verified

Yes, they can ask you to sign a non-compete. However, those clauses can only be enforced if they are reasonable. In assessing reasonableness, take into account the duration of non-compete term e.g. 1 year is more likely to be upheld than indefinite timeframe, and also the reach of term e.g. don't compete with present clients of company in the province vs. don't compete with any future or past or present clients in Canada

The below links may further assist with your presentation:

http://business.financialpost.com/entrepreneur/legal-tender-non-compete-clauses-have-their-limits

http://www.slaw.ca/2012/11/29/saskatchewan-employer-successful-in-enforcing-non-compete-clause/

https://beta.theglobeandmail.com/report-on-business/careers/leadership-lab/will-my-non-compete-hold-up-in-court/article32261979/?ref=http://www.theglobeandmail.com&

Hopefully that answers your question

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Lawyer: Daniel Freudman, Lawyer replied 10 months ago

Hopefully my answer was of assistance. If so would you kindly provide me with a positive rating so I can receive credit for my services. Thank you.

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