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Non-Competition Defence: Protecting Your Career Freedom in Alberta

Restrictive covenants like non-competition and non-solicitation clauses can feel like career handcuffs. These complex agreements are often included in employment contracts to prevent you from working for a competitor or starting your own business after you leave. We specialize in challenging these clauses to ensure your right to earn a living remains protected.

THREATENED WITH A NON-COMPETE?

Presumed Unenforceable in Alberta

Alberta courts fundamentally view blanket non-competition clauses as restraints on free trade. Because of the power imbalance in the employment relationship, the law presumes these clauses are void and unenforceable. To successfully enforce a non-competition clause against you, your former employer must prove that the clause is:

  • Reasonable: it must be narrowly tailored in scope, geography, and time.
  • The Only Option: they must prove that a less restrictive non-solicitation clause — which only prohibits soliciting clients and staff — is completely inadequate to protect their business interests.

Has Your Employer Proven Their Case?

Leveraging leading Alberta case law, such as the high legal threshold affirmed in Globex Foreign Exchange Corporation v. Kelcher, we have successfully challenged overly broad restrictive covenants. Most employers never clear this bar — which is exactly why the presumption exists.

Lluc Cerdà
Quote

Non-competes are often used as scare tactics. Alberta courts start from the presumption they’re unenforceable, and the employer carries a heavy burden to prove otherwise. Don’t give up a better job because of a clause that probably wouldn’t survive a courtroom.

Lluc Cerdà Founder
10y+ Experiences
1000+ Clients
99% Resolved Cases
Our Process

Simple Steps to Protect Your Severance

Our structured approach ensures you receive clear advice, strong legal support, and the confidence to move forward at every stage.
01

Submit Your Information

Share your situation and severance offer with our team online or by phone.
02

Case Review by a Lawyer

Meet with an experienced employment lawyer to understand your rights and options.
03

Strategy & Advice

Meet with an experienced employment lawyer to understand your rights and options.
04

Negotiation & Representation

Meet with an experienced employment lawyer to understand your rights and options.
How We Help

Challenge the Clause Before It Costs You a Career

We analyze your non-competition or non-solicitation clause against the legal standard Alberta courts actually apply — reasonableness in scope, geography, and time, and whether a less restrictive option would have protected your employer just as well.

Leveraging leading Alberta case law, including Globex Foreign Exchange Corporation v. Kelcher, we respond to cease-and-desist threats, advise on safely taking a new role, and defend you if a former employer takes the matter to court.

  • Analysis of whether your non-competition clause is reasonable in scope, geography, and time.
  • Assessment of whether a less restrictive non-solicitation clause would have adequately protected your employer’s interests.
  • A measured response to any cease-and-desist or threatening letter from a former employer.
  • Advice on how to take a new role while managing genuine restrictions like non-solicitation.
  • Defence grounded in leading Alberta case law, including Globex Foreign Exchange Corporation v. Kelcher.
Why It Matters

Don’t Sacrifice a Job Over a Bluff

Many employees turn down offers or stay in a job they want to leave out of fear of a clause that would likely never be enforced. Courts will not rewrite an overbroad or ambiguous clause to save it — they strike it down entirely. Acting on advice, rather than a threatening letter, can free up career opportunities worth far more than the fight.

Presumed Unenforceable

Alberta courts start from the position that a non-competition clause is invalid. Your former employer must prove it’s reasonable and that nothing less restrictive would do — a bar many clauses simply can’t clear.

Courts Won’t Fix a Bad Clause

If a restrictive covenant is overbroad or ambiguous, judges strike it down rather than narrow it. One drafting flaw can render the whole clause unenforceable.

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I felt supported every step of the way.

Employment Law Advocates made a stressful situation so much easier to navigate. Their team was responsive, knowledgeable, and fought hard to secure the outcome I deserved.

Amy B.

I felt supported every step of the way.

Employment Law Advocates made a stressful situation so much easier to navigate. Their team was responsive, knowledgeable, and fought hard to secure the outcome I deserved.

Amy B.
Serving All Industries

Legal Support Across Industries

From oil and gas to healthcare, technology, construction, finance, and more — our team has extensive experience helping employees navigate complex workplace disputes.

Book Your Free Consultation Today

    Submit your information and a member of our team will contact you within 24–48 hours.

    FAQs

    Have Questions? Get Answers

    A threatening letter isn’t the same as an enforceable clause. Here’s what Calgary employees ask us most.
    No. Alberta courts presume non-competition clauses are void and unenforceable, as restraints on free trade. Your former employer must prove the clause is reasonable in scope, time, and geography, and that a less restrictive non-solicitation clause wouldn’t have adequately protected their business.
    A non-competition clause tries to stop you from working in a field or area entirely. A non-solicitation clause only stops you from actively pursuing your former employer’s clients or staff. Courts are far more willing to enforce the narrower non-solicitation clause.
    A cease-and-desist letter is not a court order — it’s often a pressure tactic. Before you turn down a job or back away, have the clause assessed. If it’s unenforceable, the letter carries little real weight, and a measured legal response usually resolves it.
    No. Alberta courts will not rewrite or “read down” an unreasonable restrictive covenant to save it. If the clause is overbroad or ambiguous, it usually fails entirely — which is why drafting flaws so often work in the employee’s favour.
    They must prove the clause is reasonable in scope, geography, and time, and that nothing less restrictive — like a non-solicitation clause — would have adequately protected their business. Alberta case law, including Globex Foreign Exchange Corporation v. Kelcher, sets a high bar for clearing this test.
    Even valid clauses have limits. We advise on how to take a new role while respecting genuine restrictions — for example, honouring a narrow non-solicitation clause while still competing generally. There’s usually a lawful path forward that protects the opportunity.