A non-solicitation clause is a common restriction in Alberta employment contracts. It limits what an employee can do after leaving their job, particularly when it comes to contacting clients, customers, or coworkers.
While these clauses are often presented as standard terms in an employment contract, they are not automatically enforceable in Alberta.
Courts will only enforce a non-solicitation clause if it is reasonably and clearly drafted.
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 the company
- Using relationships developed during employment for a competing business
Instead, it limits specific actions involving clients or employees of the former employer.
Are Non-Solicitation Clauses Enforceable in Alberta?
Sometimes — but only if they are reasonable and clearly written.
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)
- Necessary to protect legitimate business interests
- Clear and unambiguous
When 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 prevent normal competition
- Is unclear about who or what can’t be solicited
Courts generally favour restrictions that are narrowly tailored to protect client relationships, rather than broad attempts to restrict competition.
Non-Solicitation vs. Non-Compete Clauses
These clauses are often confused, but they serve very different purposes.
Non-solicitation clauses:
- Restrict contacting specific clients or employees
- Allows employees to continue working in the same industry
- Are more likely to be enforceable
Non-compete clauses:
- Restrict working for a competing business
- Limit where or how someone can work
- Are much harder to enforce
Should You Agree to a Non-Solicitation Clause?
You should consider getting 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 appears broad or unclear
Get Advice Before You Sign
Non-solicitation clauses can appear harmless, but they can carry significant 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.