Ted's Blog

Non-Solicitation Covenant In Employment Contract Enforced

Non Solicitation
Non-solicitation covenants are clauses that prohibit employees from soliciting clients or employees from their former employer after leaving the company. The courts have generally upheld these covenants when they are reasonable in scope, duration, and geographic limitation. However, enforcing such covenants can be challenging. Employers should carefully draft non-solicitation clauses to ensure they are enforceable and seek legal advice when dealing with potential breaches.

Although non-solicitation and non-competition clauses have been considered a restraint of trade and contrary to public policy, they can be enforceable in certain circumstances. Since the threshold for enforcement is high, those circumstances have often been few and far between.

In Catch Engineering Partnership v. Mai, Justice Armstrong upheld the enforceability of a non-solicitation covenant in an employment contract and awarded damages against the former employee. This case is important as it deals with how and when a non-solicitation covenant will be enforced and the damages that may be awarded for such a breach.

Defamatory Facebook Posts Prove Costly

As we have previously discussed, defamatory posts on Facebook and similar social media platforms can be costly. Posts written in acrimonious circumstances that make unfounded attacks on someone's reputation can lead to a substantial damage award if they are not promptly retracted or removed. Read More...