Are Non-Compete Clauses in Employment Contracts Valid?

Home » Blog » Job Search » Are Non-Compete Clauses in Employment Contracts Valid?

Are non-compete clauses in sales employment contracts valid? Here’s what one employment law expert thinks.

Question About Non-Compete Clauses in Employement Contracts

Are Non-Compete Clauses Valid? - Sales Job Search Tips from B2B Sales Connections

A few years ago I submitted the following question about whether non-compete clauses were enforceable in today’s job market to the TV show “Canada AM” for a segment on employment law:

“Non-compete clauses seem to be more common in employment contracts these days. To paraphrase: “If you leave our company, you cannot work for another company in the same industry for a period of two years”. Are these clauses valid; or just a scare tactic so you won’t leave to work for a competitor? What should you be careful of when signing a contact that contains such a clause?”

The question was answered by the employment lawyer, Daniel Lublin, from Toronto, Ontario, Canada.

What an Employement Lawyer Thinks

To paraphrase Lublin, there is a misconception in the workplace that non-compete clauses are not valid. Although in the past, some of the stipulations were completely unreasonable, in recent years, the courts have given better guidelines on how to make these agreements enforceable. As such, employers are getting better at drafting them. For example, for most people, a non-compete clause between 6 to 9 months is reasonable, and for senior managers and executives, 12 t0 18 months is the norm.

Lublin recommends carefully reviewing the post-employment obligations outlined in the employment contract before signing it. The same goes before you ask a potential employee to accept one. If you are not sure, don’t sign or offer it without seeking the advice of a lawyer first.

Are You Looking to Make a Career Change?

Are you looking to make a career change? For detailed instructions, step by step, on how to find your perfect sales job, (and by perfect, we mean perfect for YOU), check out our eBook, How to Find Your Dream Sales Job – The future is yours to create! How to write a resume to grab the attention of sales recruiters, a gender neutral cover letter template, what you need to include in your LinkedIn profile, how to prepare for a sales interview, what to wear, how to access the hidden job market, how to evaluate a job offer, how to resign from your current job …. IT'S ALL IN THIS BOOK!

How to Write an Effective B2B Sales Resume (With Template and Example)

    If you would like a template to track your entire job search process, you can download the Job Search Tracking Worksheet for free from the B2B Sales Connections Download Centre.

    Simply put, the more you know, the better position you will be in your employment negotiations. Afterall, as the old saying goes, “Knowledge is power.” More motivational quotes here.

    Aim Higher!

    Susan A. EnnsB2B Sales Coach and Author
    Schedule a free sales coaching strategy session with Susan here.

    “… what I can tell anyone, is simply this – If you want to learn and understand sales, talk to Susan.”

    Tired of looking through countless and irrelevant job ads? Check out the new and improved B2B Sales Connections Job Board! Search thousands of jobs for any location from all over the internet. You can even create job alerts to have the latest sales jobs delivered right to your inbox!

    Leave A Comment

    Your email address will not be published. Required fields are marked *