LAWS 3401 Lecture Notes - Lecture 3: Fiduciary, Reasonable Accommodation, Trade Secret
24 Nov 2015
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Very few/limited/may sometimes be ambiguous expressed term: any ambiguous expressed term, the courts will go against the employer (contra proferentum) The employee usually has an advantage to this. Restrictive covenant most frequently litigated: non-compete terms, prevents the employee from competing with his or her employer within a defined area for a defined time after the employment relationship ends. Limits ability of employment when the employee leaves the company. Something that will be deemed worthy of protection. Training, information: interest of the employee in working in the market place, general public interest in promoting the competitiveness of the market place. Restraint of trade: make sure that the contract is reasonable and does not restraint trade. If the contract is not restraint it will allow employees to work in the same market place if they wanted to: the onus on proving that the covenant is reasonable has to be done by the employer.
