Question concerning my employment contract. Is there a contract (Canadian) lawyer? A manager yes a lwyer no. No union.

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Customer: Hi, question concerning my employment contract. Is there a contract (Canadian) lawyer?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: a manager yes a lwyer no
JA: Are you an "at will" employee? Do you belong to a union?
Customer: no union. Im a dental hygienist
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Answered by Debra in 40 mins 1 year ago
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Debra
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Debra
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10+ years of experience
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Debra
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166246 Satisfied customers

Jessica

Jessica

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

What province are you in please?

What is your specific legal question?

Customer
I am in a small town in ALberta, I would like to not have my questions or this cono published on the webiste is that possible?
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Debra, Expert

The way this can work is that when we are done if you remind me I can ask the site to lock the post.

I am going to bed now though but I will check back in the morning.

Customer
ok Ill just type my question for you to look at in the am. I am a dental hygienist in Hinton ALberta. Population approx 10000. WHen I started at clinic A I signed a employment contract that included a non compeition clause. (I will attach it at the end). Approx 2 weeks ago clinic A sold and there are now new owners. i handed in my resignation and was offered employment from another clinc here in Hinton I will refer to it as clinic B.
HR manager from clinic B contacted HR manager from clinic A to see if employment was ok. HR manager from Clinic A said yes. I spoke with HR manager from clinic A and she said:
1. That clause is put in there for dentists and she was surprised it was in there.
2. That it wouldnt hold up in court because it would be taking away my lively hood.
3. That it was null and void now anyway because there are new owners.
I want to start at the new clinic, but I dont need a lawsuit on my hands. In 2-3 months I plan to open my own hygiene clinic which of course is going to upset dentists here in town, so I DEFINATLEY dont need to get shut down becuase of this.
Customer
File attached (4M1T3PZ)
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Debra, Expert

First, it seems like your former employer has already said it's OK.

Second, while noncompetition agreements are often upheld by a court this one is overly restrictive. If it had said that you could not compete for one year a court very well may have upheld that provision. But two years is definitely overly restrictive.

Does that help?

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
hello, this is only for debra
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Debra, Expert

Please start your new post here:

https://www.justanswer.com/law/expert-debra/

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