8 ms·

It’s my understanding that non-competes have no teeth in Canada — in the software industry at least. Is there some except for comp/electrical/mechanical enginee

It’s my understanding that non-competes have no teeth in Canada — in the software industry at least. Is there some except for comp/electrical/mechanical engineers as may be employed at this company?

jrace 7y ago
Correct. "These are generally only upheld in exceptional cases." ===https://www.canadaemploymenthumanrightslaw.com/2018/02/employees-non-compete-agreement-enforceable/ https://www.canadaemploymenthumanrightslaw.com/2018/02/emplo... Does not stop employers from trying...and most employees do not challenge it.
- ThrustVectoring 7y ago
  Worth noting that employers can still try to enforce it via sending nasty-grams to your new employer, which can definitely cause you significant issues if your new employer isn't willing to take on the risk of being involved in a non-compete lawsuit on your behalf.
  - em-bee 7y ago
    how would they get involved? if the non-compete is invalid, and the new emoloyer gives me trouble because of it, can't i also go after the new employer for that? i mean, making non-competes invalid should protect me from that, otherwise it would still reduce my chances to get a job
    - jrace 7y ago
      Still requires you to take an active role in defending yourself,and some employers may not want the hassle.
      - em-bee 7y ago
        they can't avoid the hassle. if they terminate me they'll face a wrong termination lawsuit.
    - ThrustVectoring 7y ago
      The key thing is that if your old employer is sending out demand letters, you have to go through expensive legal proceedings to clear the encumbrance on employing you. Your new employer has a letter stating that they have to either immediately terminate your employment or get sued - even if they will win in the eventually legal proceedings, lots of places are not willing to get sued over it. Some won't even be willing to pay a lawyer to figure out whether or not the suit has merit.

jrace 7y ago

Correct. "These are generally only upheld in exceptional cases." ===https://www.canadaemploymenthumanrightslaw.com/2018/02/employees-non-compete-agreement-enforceable/ https://www.canadaemploymenthumanrightslaw.com/2018/02/emplo... Does not stop employers from trying...and most employees do not challenge it.

ThrustVectoring 7y ago
Worth noting that employers can still try to enforce it via sending nasty-grams to your new employer, which can definitely cause you significant issues if your new employer isn't willing to take on the risk of being involved in a non-compete lawsuit on your behalf.
- em-bee 7y ago
  how would they get involved? if the non-compete is invalid, and the new emoloyer gives me trouble because of it, can't i also go after the new employer for that? i mean, making non-competes invalid should protect me from that, otherwise it would still reduce my chances to get a job
  - jrace 7y ago
    Still requires you to take an active role in defending yourself,and some employers may not want the hassle.
    - em-bee 7y ago
      they can't avoid the hassle. if they terminate me they'll face a wrong termination lawsuit.
  - ThrustVectoring 7y ago
    The key thing is that if your old employer is sending out demand letters, you have to go through expensive legal proceedings to clear the encumbrance on employing you. Your new employer has a letter stating that they have to either immediately terminate your employment or get sued - even if they will win in the eventually legal proceedings, lots of places are not willing to get sued over it. Some won't even be willing to pay a lawyer to figure out whether or not the suit has merit.