A practical guide to preparing and enforcing non-competition and non-solicitation agreements
. The second edition of HR Manager's Guide to Non-Competition and Non-Solicitation Agreements
contains numerous updates based on important court decisions rendered since the first edition. It also contains a significant number of new case summaries for the convenience of readers. Since the first edition, the Supreme Court of Canada has held that, in general, courts will not "fix" or rewrite unreasonable restrictive covenants. As a result, it is more important than ever to ensure that restrictive covenants are drafted carefully and are not overreaching. Citing numerous other new decisions, the authors provide additional insights for employers, human resources professionals and lawyers when drafting non-competition and non-solicitation agreements and provide tips on how to effectively manage disputes arising out of those agreements.
The purpose of this book is to assist human resources professionals:
- To decide whether they need to use non-competition or non-solicitation agreements;
- If so, how should such agreements be drafted to maximize the probability that they will be enforceable; what steps can be taken, before and after signing, to maximize the probability that such agreements will be enforceable, and
- How should the employer respond to an employee who begins competing while still employed with the employer?