Tag: noncompete

Employees’ smartphones as potential sources of evidence

By Antoine Aylwin and Edith Charbonneau Your employee quits his job and returns his smartphone. It contains information that shows he was scheming against you. What can you do with this? Could you use the e-mails found in the smartphone as evidence? This question was recently ruled upon by the Quebec Superior Court in Les […]

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Rules changing on New Hampshire noncompete, nonpiracy agreements

By Jeanine Poole New Hampshire employers using noncompete and nonpiracy agreements face new limits beginning July 14. That’s when House Bill 1270 goes into effect. The new law requires that every employer provide a copy of any noncompete and/or nonpiracy agreement required for a position to a current or potential employee before or concurrent with […]

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Should Noncompete Agreement Be in Purchase and Sale Agreement or in Employment Agreement?

By Chris Semerjian When Canadian employers are buying other businesses, the question of noncompetes often arises. But a noncompetition provision in an employment contract may not be the answer. According to the Quebec Court of Appeal in Guay Inc. c. Payette, 2011 QCCA 2282, you may be better protected by only having a noncompetition covenant […]

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Noncompetes Often a Nonstarter

By Gulu Punia and Kyla Stott-Jess Signing a noncompete agreement can potentially provide some assurance that former employees will not start up or join the competing business across the street. In the absence of a noncompete agreement, employers often try to rely on their former employees’ fiduciary duties to combat competition. Unfortunately, Alberta’s Court of […]

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