Non-competition Clauses in Canada | Employment Law Show TV – S3 E9

Summary

wThe Employment Law Show with Canadian employment lawyer Lior Samfiru and co-host John Scholes. Discover your workplace rights and learn everything you need to know about employment law in Ontario and British Columbia on Season 3 Episode 9 of the only employment law show on TV in Canada (formerly known as Employment Hour in 30).

On this episode, we discuss non-competition clauses, what to do when your place of employment moves their office location, being put on a temporary layoff, and more!

What We Covered

► 1:40 Are stylists at hair salons owed severance pay? Lior explains why independent contractors may actually be employees, and owed severance. Severance pay for small business: are employees at a small company owed severance pay?

► 4:22 A caller from the Employment Law Show: I was restructured out of my managerial position last week at a large company after 8.5 years. I have to accept the offer by a certain deadline. How much severance pay am I owed?

► 6:56 CALLER: I was injured at work, and had to take time off for surgery. When I was well enough to return, the company forced me back to my old position, which affected my injury. I had no choice but to quit. Did I make the right choice?

► NON-COMPETITION CLAUSES: Everything You Need to Know!

• 9:07 – What is a non-competition clause? What is a non-compete clause?
• 10:00 – How often do employment agreements contain a non-competition clause?
• 11:36 – Is a non-competition clause enforceable?
• 11:15 – If a non-competition clause is not enforceable, can I simply ignore it?
• 12:19 – I want to join a company, but they have a non-compete clause in the employment contract. What should I do?
• 13:31- What can an employer do to protect itself from losing employees to competitors? Lior explains what a non-solicitation clause is. Non-competition clause Canada Non-competition clause Ontario

► 16:09 The Severance Pay Calculator and why over 500,000 Canadians have used it to discover their rights, when a wrongful dismissal scenario is at play.

► 17:28 The Severance Pay Calculator example scenario: Robert is a 58-year-old data analyst with 24 years on the job, earning a $68,000 salary. Termination papers were left on his desk on a Friday, and contained an offer of 20 weeks’ severance pay. Is that a fair amount? Does the fact that the business is owned by an American company change anything?

► 19:35 CALLER: The company has been sold to a new owner. My commute will go from a few miles to 3 hours, without any extra compensation. Can I quit and get employment insurance while looking for a new job?

► 22:59 CALLER: My daughter is a manager at a business where she and others are verbally harassed by the director of the company. She’s so stressed out, she doesn’t want to go to work anymore. She is also owed a lot of overtime pay. What can she do about this?

► 25:43 From Termination Questions: My employer put me on a temporary layoff because business is slow. I don’t think there is any chance of being called back to work. I think my employer is just hoping it doesn’t have to pay me severance. What can I do?

► 27:04 From Termination Questions: My employer let me go, but is now saying that I resigned, which means I don’t get severance. What do I do?

Next Episode: Employment Law Show S3 E10 – Lior Samfiru, What Should I Do?!

Previous Episode:  Employment Law Show S3 E8 – Owed More Severance Than You Realize