Departing employees and the employers they leave need to be clear on solicitation; New employers can also get in trouble for breaching non-solicitation agreements
In a 2017 decision, the Ontario Superior Court of Justice (upheld on appeal) found two former employees and their new employer liable for breach of a non-solicitation agreement the employees had with their former employer. The non-solicitation clause prevented the two employees from soliciting clients from their former employer for a period of two years following the end of their employment.
