I worked for this company a short period of time as an instructor of both general and specific fields of content located in Alberta. I felt that this company didn’t have the standards deemed satisfactory enough to me and so I chose to leave giving the mandatory 4 week notice and completed my duties professionally up until the last day.
*Note: If I had left before the completion of the 4 weeks, I would personally be responsible for lost revenue due to cancellation of those missed days.
On my last day I was given a refresher employment termination contract which mirrored most of my hiring contract. When I was first offered the job, the offer was given to me on a Friday and asked to sign it as soon as possible returning it Saturday, and I would be required to start 1 week following Monday. This only gives my previous employer 1 week notice, rather than a proper and professional two.
The company “territory” spans multiple provinces, and territories, along with locations outside of Canada.
The non-compete clause is as follows.
The Employee covenants and agrees with [company] that, for the term of the Employee’s employment with [company] and a period of two (2) years following the end of the Term or the date the Employee’s employment has been terminated pursuant to the terms of the Agreement (the foregoing referred to as the “Restricted Period”), they shall not, within the Territory, directly or indirectly, individually or in partnership, or in conjunction with any other Person(s):
(a) Carry on, be engaged in, be concerned with or interested in the operation of a Restricted Business, whether as principal, agent, consultant, shareholder (other than a holding for investment purposes of shares listed on a recognized stock exchange that does not exceed 5% of the outstanding shares so listed) or employee of or in any Person, or in any other manner or capacity whatsoever; or
(b) as lender, guarantor, or, in any other manner or capacity whatsoever, provide financial support by way of loan or guarantee or otherwise to, or permit his name to be used or employed by, any Person in connection with the operation of a Restricted Business; in each case, without the prior written consent of [company], which consent may be withheld for any reason in their sole and unfettered discretion.
Would this be considered an unenforceable non-compete due to the restrictive territory area and seemingly excessive time frame?
Any other input would be great.