contract-law canada non-compete quebec
Quitting before the start date: is the non compete enforceable?
<p>Prospective employee E signed a job offer stating that his or her first day of work will be two months into 2022. The contract includes a non-compete agreement (NCA) of a duration of 8 months within 100 km  of the employer's headquarters (effectively the whole city of Montreal). Would  the NCA would be enforceable if E quit before the starting day because of a better offer? The fields/duties could overlap.</p>
<p>E is a fresh graduate with only a couple of internships (no specialized skills). E's livelihood would be severely impacted if the NCA is to be enforced.</p>

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<p>Quitting before the start date: is the non compete enforceable?</p>
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<p>The non-compete is unenforceable unless the employer has provided you with <em>material</em> information that you can use to the detriment of the employer. Even in that case, the non-compete as outlined in your description seemingly exceeds the <em>legitimate interests of the employer</em> (see art. 2089 of the <a href="http://legisquebec.gouv.qc.ca/en/showdoc/cs/ccq-1991" rel="noreferrer">Civil Code of Québec</a>). This means that the non-compete clause would be curtailed in court because the employer cannot prove that his business (or market share) encompasses the area depicted in the clause.</p>
<p>The reason of being of non-compete clauses is to protect the employer from a potential misuse of information the employee obtained pursuant to his employment, such as trade secrets and information about clients. The fact that you are a fresh graduate suggests that you are dealing with just some typical intermediary who really has no &quot;trade secrets&quot; and who is not providing you with key information, let alone for a job that is scheduled to start five months later.</p>
<p>Non-compete clauses that are overly broad contravene public policy in that they would singlehandedly exclude civilians from the labor market and disproportionately impair free trade.</p>
