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I am currently employed by an IT services company in Ontario that provides workforce solutions to banking clients. I have been working for one of their clients for nearly two years, and now the client would like to hire me directly as a full-time employee, offering a better salary. However, my current employment contract includes a clause prohibiting me from working for any of their clients for 12 months after resignation or termination. My employer has already refused the client’s request to convert me. I would like to know:
• Is such a restrictive clause legally enforceable in Ontario?
• If I resign and accept an offer from the client, can my current employer take legal action against me?
I would appreciate your guidance on my rights and risks under Ontario employment law.
Generally, non-solicitation clauses can be enforceable. We would have to review your contract and the specific provision to determine the reasonableness of the provision. Please contact our office for a consultation.