Calgary Employment Lawyers for Non-Competition Agreements and Confidentiality Agreements
An employment contract is a critically important element of any workplace relationship and includes terms that outline the expectations and obligations of both the employer and the employee. Some of these terms are intended to protect intellectual property or company goodwill, and will frequently include some form of non-competition clause or agreement. These are known as restrictive covenants and include non-competition agreements, confidentiality agreements, and non-disclosure agreements.
Many employers require that prospective employees sign employment contracts before they begin work. However, before either workplace party finalizes and signs an agreement, it is critical for both to first obtain knowledgeable legal guidance, particularly where the agreement contains terms that purport to restrict certain actions.
HMC Lawyers advises both employers and employees on employment agreements and restrictive covenants including drafting, negotiation, and resolution of any disputes that may arise from the agreement.
Non-Competition Agreements in Alberta
A non-competition agreement is a restrictive covenant between an employee and their soon-to-be employer. It sets out what the employee’s rights and obligations are following the end of their employment, and usually includes some form of restriction on where and for who an employee may work within an industry. These can vary widely in scope.
Because they limit the ability of an ex-employee to earn a living, non-competition agreements must be very carefully drafted in order to be legally valid. They cannot be overly restrictive in terms of length of time or geographical reach, or they will not be enforceable.
Confidentiality or Non-Disclosure Agreements in Alberta
Confidentiality or non-disclosure agreements limit an employee’s ability to discuss or otherwise disclose certain aspects of their employer’s business, such as trade secrets or client lists. These typically extend to restrict such communication beyond the end of that employee’s employment and limit what information the employee can use in any subsequent employment. Like non-competition agreements, these are restrictive covenants and must be carefully drafted to be enforceable.
Advising Employers on Non-Competition, Confidentiality, or Non-Disclosure Agreements
HMC Lawyers assists employers with drafting non-competition agreements that meet legal requirements and are more likely to withstand judicial scrutiny or challenges by departing employees. We can also review and amend your existing non-competition documents to ensure they meet current standards.
Our experienced Employment Team regularly advises employers on their rights and obligations vis-a-vis both employment agreements and non-disclosure agreements. We review, draft, or amend language in employment contracts to ensure that employer rights, interests, and proprietary information is protected.
Advising Employees on Non-Competition, Confidentiality, or Non-Disclosure Agreements
HMC Lawyers also advises employees who have been asked to sign a non-competition agreement. We can help you ascertain the scope of an existing non-competition agreement, determine whether a proposed agreement is overly restrictive in nature, and if necessary, negotiate fair terms. If you have signed a non-competition agreement, we can help you determine its scope, and whether a job offer or business opportunity may breach the terms.
We have advised employees on their rights in the workplace for decades. We will review employment agreements, as well as non-disclosure agreements and other restrictive covenants, will help you protect your rights, ensure that you understand any potential risks and liabilities, and help you craft a strategy for moving forward.
Claims for Breach of Non-Competition and Confidentiality Agreements
HMC Lawyers has a team of skilled and proactive employment lawyers that can respond quickly to breaches of non-competition and confidentiality agreements by employees and independent contractors. We know that the business ramifications of a breach can be enormous, and will act quickly to protect your rights, including seeking injunctive relief that prevents any use of confidential and proprietary company information.
Our Employment Team also represents individuals that are facing allegations of breaching a non-competition or confidentiality agreement. Where unjustified, these types of claims can wreak havoc on your ability to earn a living. We will vigorously defend your rights against unfounded claims.
Skillful and Insightful Legal Advice on Restrictive Covenants
As a firm, our lawyers have over 130 years of litigation experience, and have handled numerous disputes over contracts and other agreements. We offer our employer and employee clients insightful legal advice, along with personal service that is responsive to their needs.
If you have questions about a confidentiality or non-competition agreement, contact HMC Lawyers online or call 1-800-480-3534 to make an appointment. With offices in Calgary, we represent professionals in Calgary, throughout Alberta, and across Western Canada.