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Is my non compete clause legal on my contract. I am an life licensed administrative assistant and my previous employer is the owner of all my 10 insurance policies
I am sorry to hear about your situation. You are not alone in wondering about the enforceability of terms that restrict your employment.
Generally, non-compete agreements have been illegal in any new employment contracts made in Ontario since October 25, 2021. This would include employment contracts for pre-existing employment.
The legal definition of what would be considered an employment contract is very broad, and this would include commission plans, bonuses, promotion or pay raise letters, and share agreements.
For employment contracts made before October 25, 2021, the legal test for enforceability is more complex, and essentially comes down to whether it is reasonable.
However, this is only generally, and there are always exceptions and complicating factors. Unfortunately, your situation is likely one of those that is complicated due to the additional requirements imposed by the licensing body.
This is something where a lawyer would need to review all the relevant documents to be able to answer your question. We can help you with this. Contact us, and a member of our intake team will reach out to guide you through the next steps.
Generally, non-compete agreements have been illegal in any new employment contracts made in Ontario since October 25, 2021. This would include employment contracts for pre-existing employment.
The legal definition of what would be considered an employment contract is very broad, and this would include commission plans, bonuses, promotion or pay raise letters, and share agreements.
For employment contracts made before October 25, 2021, the legal test for enforceability is more complex, and essentially comes down to whether it is reasonable.
However, this is only generally, and there are always exceptions and complicating factors. Unfortunately, your situation is likely one of those that is complicated due to the additional requirements imposed by the licensing body.
This is something where a lawyer would need to review all the relevant documents to be able to answer your question. We can help you with this. Contact us, and a member of our intake team will reach out to guide you through the next steps.