With three offers now on my desk, I keep finding the same old mistakes made in the non-compete contracts.
I don’t know if these things are copied from a US website, or Quebec website or what, but the restrictions are always the same, and not binding in BC.
In the USA and Quebec, a typical non compete includes a restrictive clause, such as this: [i]”the Employee will not in any way be associated with or involved, directly or indirectly, with any person, firm, corporation or other entity engaged in any business which provides services substantially similar to the services provided by the Employer or its Affiliates”[/i]
So you can’t work in that same field for the number of years described on the contract.
Under other provincial laws, such as BC’s, this is deemed a restraint on trade and harms my ability to earn a living in future in an area where specilialized knowledge is acquired.
However, today THREE offer revisions came in with the same inapplicable, loose terminology that is not applicable by my provincial laws.
I suppose I just don’t understand what it takes to get companies to HIRE A LAWYER THAT KNOWS THE DAMN LAW!!!
This is the second set of revisions I have requested, after this one, I will just sign one that I want and let them deal with it when they find out from a judge that it is inapplicable and deemed unreasonable and contrary to public policy.
What’s funny is that the last company I warned, did nothing to fix their contract, so I signed it anyway. Through the next year I mentioned during several illegal contract revisions that there was still this flaw in their contract. When I left and sued them, their contract was deemed an unfair trade restriction and breach of emploee contract.
Last month I was at lunch with another of their current employees and he noted they hired a guy and still used the SAME DAMN CONTRACT AGAIN!! HOW DUMB ARE THEY?
Companies write these noncompetes to stop headhunters pulling staff away from them, after they paid for the employees training and industry knowledge. But they screw themselves by providing contracts that are written in other states or provinces and that are not applicable by provincial laws.
WHY? Is it just to look professional when hiring? Is it pressure to cover all bases and instead of hiring a lawyer they just download something to look important and on the ball?
How stupid that would be?!
I even worked for a company that had a team of three lawyers draft contract and even THAT was deemed unreasonable and not binding in BC Courts.
Sheesh, get with the program people its only a job! It’s like they cut off their noses to spite their face or something.
