A non-compete agreement lawyer helps employees determine whether a restriction on working for a competitor is legally enforceable and what they can safely do next.

That advice can be critical before you accept a new job, resign, start a competing business or respond to a former employer threatening legal action. Non-compete clauses are heavily scrutinized in Canada, and Ontario prohibits most new non-compete agreements with employees altogether.

Don’t assume the restriction controls your career simply because you signed it. An employment lawyer at Samfiru Tumarkin LLP can review the wording, explain the law that applies to you and help protect your ability to continue earning a living.

⚠️ If a former employer has threatened an injunction, sent a cease-and-desist letter or contacted your new employer, get legal advice immediately. Don’t ignore the threat or admit that you breached the agreement before the clause has been reviewed.

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How Can a Non-Compete Agreement Lawyer Help?

A non-compete lawyer can tell you what the agreement actually restricts, whether the restriction is enforceable and how to move forward without creating unnecessary legal risk.

Samfiru Tumarkin LLP can help employees with:

  • Contract review: Assessing a proposed or existing non-compete before you sign, resign or accept another position.
  • Enforceability: Determining whether the clause is prohibited, unreasonable, ambiguous or otherwise unenforceable.
  • Career moves: Advising whether a new role, competing business or other opportunity actually breaches the restriction.
  • Employer threats: Responding to cease-and-desist letters, demands and threatened legal proceedings.
  • Negotiation: Seeking to remove, narrow or clarify restrictive terms before or during employment.
  • Related restrictions: Reviewing non-solicitation, confidentiality and other post-employment obligations at the same time.

For the broader legal rules, read our guide to non-compete clauses in Canada.

When Should You Speak With a Non-Compete Lawyer?

Speak with a lawyer before the non-compete causes you to give up an important job or business opportunity.

Legal advice is particularly useful when:

  • you have been offered a job with a competitor;
  • you plan to resign and work in the same industry;
  • you want to start your own competing business;
  • your employer is asking you to sign a new non-compete;
  • you were terminated and the employer is relying on restrictive covenants;
  • your former employer has contacted your new employer; or
  • you receive a lawyer’s letter or court documents alleging a breach.

A short review before you act can be much easier than trying to undo a career decision after the fact.

💡 Planning a move to a competitor? Have your non-compete, non-solicitation and confidentiality terms reviewed together. One restriction can be unenforceable while another still applies.

Is Your Non-Compete Agreement Enforceable?

Not necessarily. Signing a non-compete does not automatically make it enforceable.

Outside Ontario’s statutory ban, courts scrutinize employment non-competes closely because they restrict an employee’s ability to work. Important issues include:

  • what activities are prohibited;
  • how long the restriction lasts;
  • the geographic area covered;
  • whether the wording is clear;
  • the employer’s legitimate business interest; and
  • whether a narrower restriction would adequately protect that interest.

An ambiguous or unreasonably broad restriction can be unenforceable. Courts are also reluctant to rewrite a defective employment non-compete simply to make it reasonable.

What about non-competes in Ontario?

Ontario prohibits most employers from entering into non-compete agreements with employees on or after October 25, 2021, subject to limited statutory exceptions.

If you work in Ontario, read our guide to non-compete clauses in Ontario. Employees in Alberta and British Columbia can review the separate Alberta and BC rules.

What If Your Employer Is Trying to Enforce a Non-Compete?

If an employer threatens enforcement, the first question is whether it actually has an enforceable restriction.

A former employer can threaten to seek an injunction preventing certain work or pursue damages for an alleged contractual breach. A strong response starts with reviewing exactly what you signed and comparing it with what you are actually doing.

Keep copies of:

  • your employment contract and amendments;
  • your resignation or termination documents;
  • the new job description or offer;
  • any cease-and-desist letters or emails; and
  • communications between the former employer and your new employer.

You should also protect confidential information. Don’t take client lists, proprietary documents, trade secrets or other confidential materials when leaving your employer.

⚠️ Don’t assume that defeating a non-compete means every post-employment restriction disappears. A reasonable non-solicitation or confidentiality obligation can still apply.

Our guide to non-solicitation clauses vs. non-competes explains the distinction.

Should a Lawyer Review a Non-Compete Before You Sign?

Yes, when the clause could materially restrict your future employment or business opportunities.

The best time to address an overly broad non-compete is often before you sign it. A lawyer can identify the practical risk and help you decide whether to request that the provision be removed or narrowed.

This is particularly important for executives, senior managers, sales professionals and employees in specialized industries where future opportunities are likely to involve competitors.

A broader employment contract review can also identify termination, compensation, bonus and other terms that deserve attention before you accept the job.

Why Choose Samfiru Tumarkin LLP for a Non-Compete Dispute?

Samfiru Tumarkin LLP focuses on employment law and advises non-unionized employees facing contractual restrictions that can affect their careers and income.

Our employment lawyers understand both sides of the problem: what the contract says and what the employer can actually enforce.

We can help you understand:

  • whether the clause applies to your situation;
  • whether it is legally enforceable;
  • what conduct you should avoid;
  • how to respond to your current or former employer; and
  • how to protect the next stage of your career.

The process doesn’t need to be overwhelming. Get the agreement reviewed before allowing a restrictive clause to dictate your next move.

⚠️ Unionized? Contract and post-employment disputes connected to your collective agreement must be addressed through your union and the grievance process. Samfiru Tumarkin LLP’s employment law team can’t assist with unionized workplace disputes.

Non-Compete Lawyer FAQs

Do I need a lawyer to review a non-compete?

You don’t legally need one, but a review is valuable when the restriction could affect a new job, business or major career move.

Can a lawyer get a non-compete removed?

A lawyer can negotiate to remove or narrow a clause. Whether the employer agrees depends on the circumstances.

What if I already signed the agreement?

Have it reviewed before assuming it controls you. A signed non-compete can still be prohibited or unenforceable.

Should I respond to a cease-and-desist letter myself?

Get legal advice first. An unnecessary admission or poorly worded response can make the dispute harder to resolve.

If a non-compete is affecting your next job, business plans or professional future, speak with an employment lawyer at Samfiru Tumarkin LLP before making a decision you can’t easily reverse.

Is a Non-Compete Restricting Your Career?

Before turning down a job, signing an agreement or responding to a legal threat, have the restriction reviewed by an employment lawyer.

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