The main part of the agreement is a list of types of restricted applications, including restrictions against: For example, imagine that you are a high-level seller for a company that sells copper wire. Through your work, you have spoken to copper yarn buyers around the world. One day, another copper yarn seller offers you a better job and you accept. If your employment contract with your first job has a non-formal notice agreement, you cannot go to copper wire buyers and ask them to switch suppliers because you have changed employers. It`s the same if you do your business. This is why non-competition bans are either very specific or very fragile and have geographical limitations. If you tell a pharmacy researcher that he cannot work in the industry for five years in his home country, say he should be unemployed, flip burgers or be banned from home, because drug research is all he knows. Non-demand agreements are not so risky, so the courts enforce them more often. Nevertheless, they must meet certain conditions (outside of California): the main thing is to remember if you are considering a non-application: It is difficult to prove the invitation. What happens if a former employee does not actively search for company employees but contacts the former employee? What happens if a former grocery store employee meets with a former customer and hands over a business card? The non-compete agreement states that you cannot work for a competitor or create a competing company for a period of time. The confidentiality agreement states that you cannot talk about confidential information you encounter while you are employed.
The difference between non-invitation and non-disclosure is that the secret is to share confidential information, while non-invitation is not to use confidential information. However, both are equal insofar as they have deadlines. In Donaldson Travel Inc. Murphy 2016 ONCA 649, the Ontario Court of Appeal confirmed that an unclaimed provision in an employment contract containing the language “or accept a business” limited the worker`s actions in a manner that limited competition – so the clause was not only a non-invitation clause, but also a non-competition clause. Do not accept ownership from your former employer, for example.B. customer list, price information or product information, for your new job. The risk is not worth it. Employers invest a lot of money in creating and maintaining this information and will do a lot of work to protect it.