Canadian courts will enforce non-compete and non-debauchery agreements, but the agreement must be limited to what is reasonably necessary to protect the company`s property rights, such as.B. confidential marketing information or customer relations and the scope of the agreement must be clearly defined. The 2009-2009 SCC 6 case of Shafron vs. KRG Insurance Brokers (Western) Inc. held that a non-compete clause was not valid because the term „Metro Vancouver City” is not defined by law. Hunter Group, Inc. In Hunter, a Maryland company demanded that its Maryland-based employee agree to a one-year ban on competition. The treaty states that it is governed by Maryland law and must be interpreted under it. A Maryland employee then went to see a competitor in California. When the new California employer filed a lawsuit in California state court to invalidate the requirement not to compete, the California court agreed and ruled that the non-compete clause was invalid and unenforceable in California. Business and Professions Code Section 16600 reflects „strong public policy of the State of California” and the state has a strong interest in enforcing its law and protecting its companies so that they can hire the personnel of their choice. California law therefore applies to non-California workers seeking employment in California. [Citation required] These agreements contain specific clauses that stipulate that once the employee`s employment is over, he or she will not work for a competitor, regardless of whether the employee is fired or resigns. Employees are also prevented from working for a competitor, even if the new job would not involve the disclosure of trade secrets.
Garrison, Michael J. and Charles D. Stevens. „Sign this agreement not to compete or you will be fired! Non-competition measures and exclusion from public order for employment after the ceremony. Employee Responsibilities and Rights Journal 15, No. 3 (2003): 103-126. In the case of a worker who is required to protect the confidentiality and business secrets of the employer, the employer and the worker may agree to the inclusion of a non-competition clause in the employment contract or a separate confidentiality agreement.