Big Issues in Fine Print: Non-compete, non-solicitation, and mandatory arbitration clauses in employment contracts

While non-compete, non-solicitation, and mandatory arbitration clauses are common features of employment agreements, issues regarding their enforcement are typically subject to dispute. In this audio conference, experienced counsel will provide an overview of legal principles and best practices related to drafting and enforcing non-compete, non-solicitation, and mandatory arbitration clauses.

• What are non-compete and non-solicitation clauses, and how do they differ from each other?
• What are the factors that courts/adjudicators consider in assessing whether a non-compete or non-solicitation clause is enforceable?
• What are common issues that may lead a court/adjudicator to find that a non-compete or non-solicitation clause is unenforceable, and how can they be avoided?
• Will a court/adjudicator amend or simply strike a non-compete or non-solicitation clause that is unenforceable?
• What is the test that an employer must meet to obtain an injunction enforcing a non-compete or non-solicitation clause?
• Does a non-compete or non-solicitation clause remain in effect if the employer terminates the employment relationship?
• What is a mandatory arbitration clause, and how is it used in an employment agreement?
• What are the benefits and drawbacks of arbitration in comparison to court proceedings?
• Is an employee subject to a mandatory arbitration clause barred from participating in a class action?
• When will a court/adjudicator decline to enforce a mandatory arbitration clause?
• What best practices and other considerations are important for employers and employees to bear in mind prior to drafting or agreeing to a mandatory arbitration clause?
• What is the effect of mandatory arbitration clauses contained in labour statutes?
• Are there any circumstances in which a unionized employee may bring a work-related claim in court?