Employment Contract Disputes Can Follow Staff Poaching

Employers in Alberta typically do what they can to avoid losing a valuable employee. Employment contract disputes sometimes arise when an employee resigns -- especially if he or she intends to join the ranks of the opposition. Whether the employer will have grounds for a lawsuit may depend on the language of the employment contract and, if it involves poaching by the opposition, the intent of the other company.

Canadian courts do not want to see the rights and liberty of an individual hampered, nor are they in favour of restricting opposition. For that reason, the court finds clauses that prohibit an employee from going to work with a competitive company problematic. Although an employer can sue a person for violation of a noncompete or nonsolicitation agreement, these are difficult cases to prove in court.