A non-compete clause is a provision in an employment contract that restricts an employee from working for a competitor or starting a competing business after their employment ends. These clauses typically limit the type of work, geographic area, and duration, but because they restrict a person’s ability to earn a living, they are closely scrutinized. In British Columbia, non-compete clauses are generally unenforceable unless they are reasonable, protect a legitimate business interest, and are clear and narrowly tailored. Unlike non-solicitation clauses, which only restrict contacting clients or employees, non-compete clauses can significantly impact future employment, so both employers and employees should seek legal advice before signing or enforcing them.

Employment contracts define the rights and obligations of employers and employees and provide clarity at the outset of the working relationship. While not required to be in writing, a properly drafted agreement reduces uncertainty, particularly regarding termination rights. In the absence of a written contract, terms are governed by legislation such as the Employment Standards Act and common law. Key provisions typically address duties, compensation, benefits, vacation, hours, and termination. Employers cannot unilaterally change fundamental terms without risking constructive dismissal, and improperly drafted termination clauses may be unenforceable, leading to greater liability.

What are the pros and cons, risks and benefits to adding an adult child to title to your home?

Joint ownership is an effective way to transfer property on death. In fact, from an estate planning perspective, it is the most effective way to transfer property on death, as assets which are jointly owned are not considered to be assets of the estate and are therefore not subject to probate fees. Efficiency and the desire to avoid probate causes many people to consider adding an adult child to title to property; however, doing so comes with a host of other risks which, in the end, might outweigh the benefits.