Our clients are often surprised to hear that many non-competition and non-solicitation clauses are not even worth the paper they are written on.
When it comes to drafting those clauses, less is more, because courts will only enforce agreements that are “reasonable.” That said, what is reasonable can be difficult to determine.
Finding the right balance is an exercise in skill, risk tolerance and still involves some guesswork, even for seasoned experts, as this area of law is not completely defined.
The Grey Zone is a new weekly series written by the team at Hyde HR Law, in partnership with Talent Canada. This series explores various workplace issues that senior leaders and HR professionals should consider.