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Employment Contract

Post-Employment Restrictions


Post-Employment Restrictions

Will the employee be restricted by any of the following clauses after employment ends?




Frequently Asked Questions
Why is it important that the restrictions are reasonable?If your restriction is broader or longer than the court feels is reasonable, a judge may strike the clause from the contract, which leaves you with no restriction at all. Therefore, you should ensure that your restrictions are reasonable.

A restriction of 6 months is usually considered reasonable for a non-compete clause depending on the nature of the job. However, a longer period may be reasonable for a non-solicitation clause.
What is a confidentiality clause?Confidentiality Clause
An employer can protect their confidential information by including a clause in the employment contract that says that all confidential information including work product belongs to the employer. Confidential information is broadly defined to protect everything from trade secrets to customer lists.

Confidentiality Period
Confidentiality obligations can be for a fixed period or can be indefinite until the confidential information enters the public domain and becomes public knowledge. If a fixed term is selected then remember that confidentiality protection ceases after the period has lapsed. Once the confidentiality period is over the employee can then use or disclose the confidential information in any way they choose without the permission of the employer.
What is a non-solicitation clause?Non-Solicitation Clause
A non-solicitation clause prevents the employee from inducing other employees or contractors from leaving the employer or from interfering with the employer's relationship with other employees in general. This means that the employee cannot invite the employer's other employees to move to another workplace.

Courts MAY NOT enforce a non-solicitation clause if:
  • the clause could be harmful to the public (e.g. if it could depress the local economy)

  • the clause is broader than necessary to protect the employer

  • the clause has unreasonable time and geographic restrictions.
What is a non-competition clause?Non-Competition Clause
A non-competition clause prevents the employee from unfairly competing with the employer after the employment is terminated.

Remember: Courts MAY NOT enforce a non-competition clause if:
  • the clause could be harmful to the public (if it restricts commerce and depresses the local economy)

  • the clause is broader than necessary to protect the employer

  • the clause would cause undue hardship on the employee (too difficult for the employee to find a new job) or

  • the clause has unreasonable time or geographic restrictions

As a matter of public policy, courts have said that a former employee cannot be prevented from working in their chosen trade except to the extent that is necessary to protect the previous employer. A non-competition clause may be upheld however where a former employee could have found reasonable employment that was not in direct competition with the former employer.
In general, when deciding whether to include a non-compete clause, it would be unfair to restrict the future employment of an average employee (carpenter or secretary) who does not have access to confidential information.


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Last Updated January 7, 2025


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