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I am currently working in sales for a company in BC

I joined the company 15 years ago when the company was owned by a single individual , after a few years it was sold to a group ( that included the original owner and others ) , who kept me on but mandated that we all had to sign a non compete contract or lose our jobs

Several years later , the company was restructured so that there now were some employee shareholders but the major shares were sold to a Private Investment Group – note Day to day Management stays within the company

As the company has grown , the company has been thru an couple more sales to larger +, larger Investment firms

We have now been sold again - and if I do not want to transition would I be considered Constructively Terminated


Question 1) I was wondering if I would be Constructively Terminated - I ask as in a number of other cases – since it happened before then you are stuck as you have “allowed” the change



Question 2) Does the non compete /employment contract we signed 2 or 3 sales ( sales of the shares ) ago – still if effect and enforceable

Depending on the nature in which your employment would be continued with the new company, it may be possible that you can turn down the new employment offer and pursue severance. However, in order to fully assess this, a review of your employment contract would be necessary. This would also be required in order to answer your question regarding the non-compete. As such, I highly recommend that you reach out to one of our lawyers at the number below so as to provide you with some assistance.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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