Our non-compete and non-solicitation lawyers in Calgary help employees understand and challenge agreements that restrict where they can work, who they can contact and what they can do after leaving a job.
Are you being asked to sign a non-compete agreement? Planning to work for a competitor? Has your former employer threatened legal action over a non-solicitation clause?
Samfiru Tumarkin LLP helps non-union employees in Calgary and across Alberta review restrictive agreements, understand whether they are enforceable and decide what to do next.
⚠️ Before you sign, resign or turn down a new job, get legal advice. A restriction in your employment contract isn’t automatically enforceable. But ignoring it without understanding your rights can create serious legal and financial risks.
Need help with a non-compete or non-solicitation agreement? Speak with our Calgary employment law team or call 1-855-821-5900.
Reviewed by: Lior Samfiru, Employment Lawyer and National Co-Managing Partner
On This Page: How We Help · Types of Restrictions · Enforceability · Legal Threats · Before Signing · Common Questions
How Our Calgary Non-Compete and Non-Solicitation Lawyers Can Help
A restrictive agreement can affect your career long after you leave an employer. Our employment lawyers help you understand what the contract actually prevents you from doing, whether those restrictions are legally enforceable and how to protect your rights.
We help Calgary employees who are:
- Asked to sign a non-compete or non-solicitation agreement before starting a new job
- Considering an offer from a competitor or planning to start their own business
- Accused of contacting former clients, customers or coworkers
- Threatened with a cease-and-desist letter, lawsuit or court injunction
- Asked to accept new restrictions during employment or as part of a severance package in Alberta
We review the wording of your agreement, explain the practical risks and advise you on your next steps. Where appropriate, we can help negotiate changes, respond to allegations or address a legal dispute.
Non-Compete vs. Non-Solicitation Agreements in Calgary
These agreements both restrict what an employee can do, but they serve different purposes.
Non-compete agreements
A non-compete clause attempts to stop you from working for a competing business, offering competing services or starting a rival company after leaving your employer.
Alberta courts closely scrutinize these restrictions because they can prevent an employee from earning a living. A clause that is too broad, unclear or unnecessary may not be enforceable.
Read our guide to non-compete clauses in Alberta for a closer look at the legal rules.
Non-solicitation agreements
A non-solicitation clause typically restricts you from approaching certain clients, customers or employees of your former employer after you leave.
These restrictions can be more enforceable than non-competes, but they must still be reasonable and properly drafted. The wording matters, including who is protected, what contact is restricted and how long the restriction lasts.
Learn more about non-solicitation clauses in Alberta.
Are Non-Compete and Non-Solicitation Agreements Enforceable in Calgary?
Not every restrictive agreement is enforceable in Alberta. Signing a contract doesn’t automatically give your employer the right to prevent you from accepting another job or contacting everyone you previously worked with.
When reviewing a restriction, our Calgary employment lawyers examine:
- Duration: How long does the restriction apply after employment ends?
- Geographic reach: Does the clause restrict work in Calgary, throughout Alberta or across a much larger area?
- Restricted activities: What work, competition or contact does the clause actually prohibit?
- Business interests: Is the restriction reasonably necessary to protect a legitimate interest of the employer?
- Contract wording: Is the agreement clear, reasonable and legally enforceable in your circumstances?
The answer also depends on your position, the circumstances in which you signed and whether a less restrictive agreement could protect the employer’s interests.
Don’t assume a clause is enforceable simply because your employer says it is. Have your specific agreement reviewed.
Threatened With Legal Action Over a Non-Compete or Non-Solicit?
A former employer may send a cease-and-desist letter, threaten a lawsuit or seek an injunction to stop certain activities. Receiving a threat doesn’t mean the employer will succeed, but it should be taken seriously.
⚠️ Received a demand letter or court documents? Get legal advice promptly. Court proceedings can involve strict response deadlines, and waiting may limit your options.
Keep copies of the agreement and all correspondence. Don’t delete relevant records or take or use confidential company information. Speak with a lawyer before responding to allegations, making admissions or agreeing to stop work.
Our employment law team can assess the employer’s allegations and explain what options may be available to you.
Get Advice About a Non-Compete or Non-Solicitation Dispute →
Asked to Sign a Non-Compete or Non-Solicitation Agreement?
You may be asked to sign restrictions when accepting a new position, receiving a promotion or negotiating an employment agreement.
Before you sign, find out how the restrictions could affect your next career move. A contract review can help identify unreasonable terms, explain your obligations and determine whether changes should be requested.
If you are already employed and your employer introduces new restrictions, the circumstances matter. Significant changes to your employment terms may raise additional legal issues.
For a broader review of salary, bonuses, termination clauses and other contract terms, visit our Employment Contract Lawyer Calgary page.
Calgary Non-Compete and Non-Solicitation Lawyers: Common Questions
Can my former employer stop me from working for a competitor?
Not automatically. Your employer would need a legally enforceable restriction or another valid legal basis for the relief it seeks. Many employment non-competes face significant legal obstacles in Alberta.
Can I contact former clients after leaving my job?
It depends on your agreement, the circumstances and how the contact occurs. A non-solicitation clause may restrict actively pursuing certain clients. Obligations involving confidential information can also apply independently of a non-solicitation clause.
Can I negotiate a non-compete before accepting a job?
Yes. You can request that unreasonable restrictions be removed or narrowed before signing. An employment lawyer can identify the terms that warrant attention and explain your options.
Can my employer add restrictions when I leave?
An employer may ask you to accept additional restrictions in a termination or severance agreement. Don’t sign a release or new covenant without understanding how it could affect your future employment. Our lawyers can also review your severance package.
Speak With a Non-Compete or Non-Solicitation Lawyer in Calgary
Your next job shouldn’t be dictated by a restrictive agreement without understanding whether it can legally be enforced.
Samfiru Tumarkin LLP helps non-union employees in Calgary and surrounding communities, including Airdrie, Okotoks and Cochrane. We can review your agreement, explain your rights under Alberta employment law and help you decide what to do next.
Before you sign, always check first.
Call 1-855-821-5900.