Post-Employment Employee Restrictions
There's a great article by David Carr entitled Ten Traps to Avoid in Drafting Enforceable Confidentiality, Non-Compete and Non-Solicitation Agreements (with form). The article discusses the issue as it applies to the United States, but there are many excellent points that are equally applicable to Canadian employers and employees.
Among others, I particularly liked the comment that employers hiring an employee ought to ensure, through their employment agreement and interviews, that the employee warrants that he or she is not bound by any post-employment restrictions or agreements that might impede or adversely affect his or her ability to perform the duties for which he or she is being hired by the employer. Best to find these things out before the applicant is hired than after the fact.


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