Legal Question in Employment Law in Canada

employee soliciting employers clients

can an employee who quit to start his own business solicite and steal clients from his previous employer.

What is the law regarding this.


Asked on 7/22/01, 6:54 pm

1 Answer from Attorneys

Steven Matheson Edwards & Carfagnini

Re: employee soliciting employers clients

Some of this may depend on the employment contract between the former employee and the employer. The law generally holds that an employee may not actively solicit clientele away from their former employer. Normally, they cannot use experience or training gained exclusively through the former employee (for example, the colonel's secret recipe for KFC or a special process for making paint). If an employer is sure that the former employee is using past acquired knowledge improperly, are stealing clients and the employer had a contract with the employee stating that this was not to occur, then the employer may want to obtain an injunction against the former employee to stop eliciting clients.

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Answered on 7/23/01, 1:16 pm


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