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I live in Ontario. I work for a USA based company, as an independent contractor. I work exclusively for this company. I signed an agreement when I started in May 2019. There is a non- compete clause in the agreement. I am looking to leave the company. They have slashed my commission payout plan, and have been late paying my commission. I am still owed my commission from Jan 1-June 30, 2024. Is the non-compete enforceable? - I am looking at a new position with a company in the same space.
Thank you for your question. Many non-competition provisions in employment contracts are unenforceable due to being overly broad is scope and/or too long in duration. However, in order to determine whether the non-compete clause in your contract is enforceable or not, we would obviously need to have a look at your contract. Please give us a call at the number below to discuss the situation in more detail with our intake team and to speak with one of our experienced employment lawyers. We'd be happy to review the contract with you and provide detailed advice and guidance.