Ensuring Electronic Signature Lawfulness for Non-Solicitation Agreement in Canada

How to eSign a document: electronic signature lawfulness for Non-Solicitation Agreement in Canada

hello i'm vince white i'm an employment attorney and my apologies i answered this uh question once before but the audio didn't come through which is of no use to you obviously if you can't hear me what good am i right so hopefully things are going to go a little differently this time let's answer the question i'm answering a publicly posted question on avo.com and here is the question will my employer bring a lawsuit against me to enforce a a violation of their non-compete agreement this individual works for company a i believe as a contractor i believe they place this individual who's a contractor for company a with company b uh in a completely different state and company b loves the person who asks this question they want to hire this person in-house that's great congratulations you're clearly doing a great job right now the problem is there's an immigration issue which i'm not the best person to answer but any of the immigration people immigration attorneys on avo can probably answer that for you so we're going to set that aside as you know being a question for someone else because i'm not the best person to answer that question but in terms of the non-compete here's here's the thing company b has a service agreement with company a saying that they're allowed to hire people in-house that's great that's very positive for you now this individual's non-compete though seems to make it illegal or seems to make it onerous at the very least to violate the non-compete and go to work for company b now i have to give you the caveat any answer i give you you need to remember i have not read your non-compete i do not know the parties involved and i cannot speak to state law in any state outside of new york that being said generally what i see in these situations from more of a lay person's standpoint not even really a question of the naka beak which i haven't even read um company a negotiated these terms with company b right and they granted company b this ability in their service contract agreement to hire people in-house that probably means in my experience that company knows this will happen from time to time and does not fight it because they want to keep on good terms with company b and keep selling them more service contracts right that's great that's really good for you so here's what i recommend one if you have the money hire your own local employment attorney either way whether you have the money for your own attorney or not approach company b they want to hire you in house you say listen i'd love to that sounds incredible uh be very exciting opportunity for me but you need to take care of things with company a for me and company b in my experience will generally approach company a and work it out now the reason why you might want to have your own attorney is that company b will work it out for their benefit they're not really working out for your better i mean they want to hire you and that's good for you but in this moment it's only good for you because your interests align you want to work for them they want you to work there they think you're great so it wouldn't hurt to have your own attorney to watch out for your interests that being said the most important thing here is generally company b will work this out with company a and usually company a does not put up too much of a fight i hope that is the case for you and congratulations on the opportunity good luck