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Non-Solicitation Agreements & Departing Employees

MacLeod Law Firm often advises employers on non-solicitation agreements and the handling of recently departed employees.

Even though non-solicitation agreements have been signed, we are often called by employers who are concerned that departing employees may be taking clients or employees to a competitor.

Here are three questions that we often discuss.

1. If departing employees have signed non-solicitation agreements, they have agreed to not compete or solicit customers/employees for a specific period of time. Is the agreement enforceable?

2. If non-solicitation agreements exist, is the departing employee a fiduciary? If so, the departing employee may have a common law duty not to solicit customers for a reasonable period of time.

3. If the departing employee is improperly soliciting customers what are the employer’s legal rights?

If you are concerned a recently departed employee is taking your business with him or her and you wish to speak to one of our lawyers, click here

If you want to know what to expect if you contact us, click here

The MacLeod Law Firm has been practicing labour and employment law for over 20 years. Through our offices in Toronto and Barrie we would be happy to help.

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