Non-compete clauses are common in BC employment contracts — but courts strike them down far more often than employers expect. Here's what makes a non-compete enforceable in BC, what your rights are as an employee, and when to get legal advice.
Non-compete clauses are enforceable in BC only if they are reasonable in duration, geographic scope, and activity restrictions, and go no further than necessary to protect a legitimate business interest. BC courts frequently strike down non-competes that are too broad — if any element is unreasonable, the entire clause is typically voided rather than rewritten.
A non-compete prevents a departing employee from working for a competitor or starting a competing business. A non-solicitation clause only prevents them from poaching the company's clients or staff — they can still work in the same industry. BC courts are much more willing to enforce non-solicitation clauses than non-competes.
A non-compete added after you have already started working may be unenforceable unless the employer provided something of real value in exchange (called 'consideration') — such as a promotion, raise, or signing bonus. Under BC's 2023 Employment Standards Act amendments, non-competes must also be disclosed before a job offer is accepted.
Get legal advice before responding to your former employer or their lawyer. Many non-compete clauses are unenforceable as written, and an experienced BC employment lawyer can quickly assess whether the restriction is valid, negotiate with the former employer, or advise you on whether to continue in your new role.