I have signed a non-compete agreement in the IT industry with my current employer


-1

What if I make my father register the business?

Can the employer close the business if my father will be the legal owner of the business?

I am in Canada and my contract allow me to work as employee , so I thought I ll register it by the name of my father and work at my father as employee so he cant stop me

Legal Business

asked Jan 16 '12 at 18:14
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Iron Mannnn
3 points
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  • This question could use improvement in the description and detail, in order to be more useful to others. Could you explain more clearly the situation you are in? It sounds like you want to start a company, possibly involving your father, and that would be your new employer that exists in the same industry as your current employer with which you have a no-compete agreement. And you're wondering what the ramifications would be for the new company if it hired you away from your current employer. Is this correct? – Bneely 8 years ago
  • yes that correct , my contract allow me to work as employee but not as employer – Iron Mannnn 8 years ago
  • can you post the text of the non-compete terms from your contract? – Henry The Hengineer 8 years ago

2 Answers


3

What country are you in? Your non-compete agreement probably also say that you can't work for a competing IT business.

In any case, lawyer familiar with your jurisdiction reading your contract is really the only way to know for sure.

Maybe it's time to either quit or talk to your employer about your new idea and see if they want to do it with you.

answered Jan 16 '12 at 19:27
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Ask Bjørn Hansen
141 points

1

As long as you aren't involved with the business your father owns, you aren't violating your non-compete agreement. However, if you even try to discuss the operations with your father, you will be violating it and will be held accountable for the breach of contract.

Although the burden of proof of non-compete agreement violations lies on the employer, few secrets stay secrets during discovery. Don't try to be the wise guy covering up the tracks as that will aggravate your position in the court when it comes down to it.

answered Jan 16 '12 at 23:45
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Dnbrv
1,963 points

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