Non-Solicitation Clauses in Employment Contract (Alberta)

A non-solicitation clause is a common restriction in Alberta employment contracts. It’s designed to limit what an employee can do after leaving a job, particularly when it comes to clients, customers, or workers.

While these clauses are often presented as standard, they are not automatically enforceable in Alberta.

What Is a Non-Solicitation Clause?

A non-solicitation clause restricts a former employee from:

• Soliciting or doing business with former clients or customers
• Contacting coworkers to encourage them to leave
• Using relationships developed during employment for a competing business

Are Non-Solicitation Clauses Enforceable in Alberta?

Sometimes — but only if they are reasonable and clearly drafted.

Alberta courts will closely examine whether a non-solicitation clause is:

• Limited in time (how long it applies)
• Limited in scope (what activity is restricted)
• Limited to legitimate business interests
• Clear and unambiguous

What a Non-Solicitation Clause May Be Unenforceable?

A non-solicitation clause in Alberta may fail if it:

• Applies for an unreasonable length of time
• Restricts more activity than necessary
• Attempts to protect general competition rather than client relationships
• Is unclear about who or what can’t be solicited

Non-Solicitation vs. Non-Compete Clauses

These clauses are often confused, but they are very different.

Non-solicitation clauses:

• Restrict contacting specific clients or employees
• Are more likely to be enforceable
• Still require reasonable limits

Non-compete clauses:

• Restrict working in a competing business
• Are much harder to enforce
• Are often struck down by courts

Should You Agree to a Non-Solicitation Clause?

You should get legal advice before agreeing to a non-solicitation clause if:

• You work in sales or client-facing roles
• Your industry relies heavily on personal relationships
• You may change employers in the near future
• The clause is broad or unclear

Get Advice Before You Sign

Non-solicitation clauses can look harmless, but they may carry serious consequences.

Before assuming a clause is enforceable — or assuming it is not — it’s important to understand how Alberta employment law applies to your situation.

Speaking with an employment contract lawyer in Alberta at Samfiru Tumarkin LLP can help clarify whether a non-solicitation clause is enforceable and what your rights are after employment ends.