If I signed a non-compete with my workplace when I was hired, is it possible to get out of it in order to work for a company in the same industry (competitor)? The non-compete terms were essentially that a year must be in between working at my company before working for a competitor.
It is possible to get out of a non-compete by involving a court.
If a court determines the terms of a non-compete contract are too broad and overly restrict the economic mobility of the employee and/or their ability to earn a livelihood, the court might void the non-compete.
In Ontario, if your employment agreement states that you and your employer agreed to a six (6) week notice period should you voluntarily leave your position, then you should abide by that requirement. If you only give two weeks notice, you would not be entitled to your salary/wages for the four additional weeks that you agreed to work as per the agreement. Further, employees can be found liable for the damages if the employer sues for breach of contract (wrongful resignation) given you failed to provide the agreed upon notice. More details would be required to assist further.
In general, an employer cannot withhold wages an employee has in fact earned, regardless whether there are other disputes, liabilities, or issues with regards to the employee.
I've been out of work due to personal issues. I have gotten doctor's notes that states I'm unable to return to work. I just received a letter from the head of Human Resources stating that they want me to sign a release s… (Read more)
Generally, an employer cannot withhold funds which you have earned and to which you are legally entitled, regardless whether you sign policy documents requested by the employer.
I had my personal belongings stolen from work, from an area that was supposed to be secured. Later we found out that the lock was broken. Is my employer liable in this situation?
In general, an employer may be found liable for the actions of their employees; however, this is a circumstantial determination based on a number of factors.
I worked at a wedding event a month ago, and still haven't been paid. I had responded to a casting invitation on Facebook, where all the negotiations took place. Am I able to pursue legal action?
If you are owed funds for a completed contract (even if the contract was only confirmed through online/text messages) then you would likely have a legal right to the collection of the funds.
After working at the company for 16 years, the employee received a letter of termination. It was clearly written for the purpose of another employee, which had blacked out sections, and poorly underlined sections regardi… (Read more)
According to the labor law, an employer reserves the right to let an employee go at any time, for any reason.
However, an employer has to do so with either:
It seems like in this situation, an employer may have not provided adequate termination pay and may be withholding funds. Other than legal aid, your most likely recourse would be with the help of a lawyer.
Because of draw against the commission, I owe $4,000 to the company I work for. My working condition is horrible, and I don't see it improving. My boss told me that my job is on the line. If I get a new job and leave, wi… (Read more)
I hired an old friend to do some branding and design work for me, but the work was never delivered. He had continued to promise that he will deliver the work but never did to this day. I initiated a PayPal dispute case in order to request a refund. I soon found out that he was going through some personal loss and grieving so I closed the case and advised him I have done so. In response, he is now threatening to sue for defamation. I'm curious if his legal action would have any legitimate grounds and would be enforcible in this case?
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What are the laws about having to pay legal fees for the other party in a divorce case? I was told that the winner of a case can force their fees to be paid by the other party? I question how it's determined who won.
Can I work if my work visa expired and I received PR invitation and applied? I have also applied for bridge work permit but still did not receive it. What documents can I provide to HR department to prove my eligibility?