{"id":67,"date":"2006-01-09T22:00:23","date_gmt":"2006-01-10T06:00:23","guid":{"rendered":"http:\/\/schenklaw.ca\/?p=67"},"modified":"2006-01-10T16:11:55","modified_gmt":"2006-01-11T00:11:55","slug":"injunctions-and-employment-non-competition-agreements","status":"publish","type":"post","link":"https:\/\/schenklaw.ca\/?p=67","title":{"rendered":"Injunctions and Employment Non-Competition Agreements"},"content":{"rendered":"<p>Hair today gone tommorrow. I couldn&#8217;t resist.<\/p>\n<p><a href=\"http:\/\/www.courts.gov.bc.ca\/Jdb-txt\/SC\/05\/18\/2005BCSC1809.htm\"><em> Raymond Salons Ltd. v. Janmohamed<\/em><\/a>, 2005 BCSC 1809, concerns a hair dresser who starts up a salon business contrary to the language of a non-competition agreement signed with the former employer.<\/p>\n<p>The non-competition clause stated that the employee should not compete with the employer within a 2 mile radius of the employer&#8217;s business for a one year period after the employee resigned.<\/p>\n<p>The employee resigned and opened a hair salon 1.8 miles away from the employer&#8217;s business.<\/p>\n<p>The Court denied the employer&#8217;s injunction application: the harm inflicted on the employer by the employee&#8217;s activity was minimal compared to the harm that would occur to the employee on granting the injunction.<\/p>\n<p>Remember when obtaining an injunction on non-competition covenants: don&#8217;t quantify your damages, do show some form of significant harm, don&#8217;t ask for the injunction just for the sake of making a point, make sure that the restrictive covenant is geographically and temporally  reasonable, and don&#8217;t prevent someone from earning a livelihood. <\/p>\n","protected":false},"excerpt":{"rendered":"<p>Hair today gone tommorrow. I couldn&#8217;t resist. Raymond Salons Ltd. v. Janmohamed, 2005 BCSC 1809, concerns a hair dresser who starts up a salon business contrary to the language of a non-competition agreement signed with the former employer. The non-competition clause stated that the employee should not compete with the employer within a 2 mile [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-67","post","type-post","status-publish","format-standard","hentry","category-employment-law"],"_links":{"self":[{"href":"https:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/posts\/67","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=67"}],"version-history":[{"count":0,"href":"https:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/posts\/67\/revisions"}],"wp:attachment":[{"href":"https:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=67"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=67"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=67"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}