Seasonal employee not bound by noncompetition clause

March 26, 2017 0 COMMENTS

by Matthew Larsen

A British Columbia court recently explored a novel issue – whether a noncompetition clause is enforceable against a seasonal employee.

Facts

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Noncompetes Often a Nonstarter

November 29, 2010 0 COMMENTS

By Gulu Punia and Kyla Stott-Jess

Signing a noncompete agreement can potentially provide some assurance that former employees will not start up or join the competing business across the street. In the absence of a noncompete agreement, employers often try to rely on their former employees’ fiduciary duties to combat competition. Unfortunately, Alberta’s Court of Appeal has recently confirmed, in KOS Oilfield Transportation Ltd. V. Mitchell, that common-law fiduciary duties do not generally prevent former employees from working for a competitor.

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