contract-law employment british-columbia non-compete
Does this non-compete clause basically mean the signer can&#39;t work in a similar job for 6 months after quitting?
<p>In a non-solicitation contract there is a section that reads as follows. Does this bar the signer from working in information technology sector for 6 months? Put simply, does this means he would have to wait 6 months before working at a job in a related field? Is this enforceable?</p>
<blockquote>
<p>For six (6) months following the termination of my employment with
SpecialCorp, I will not, without the prior written consent of
SpecialCorp: a)         have any direct interest in or own; or b)<br />
act as an officer, director, agent, employee or employee of; or c)<br />
assist in any way or in any capacity,any person, firm, syndicate,
partnership, association, joint venture,collaboration, or other entity
that is engaged in a business that is in direct competition with the
business engaged in by SpecialCorp within BC. For greater
certainty, I agree and understand that SpecialCorp provides the
following services: information technology.</p>
</blockquote>

<blockquote>
<p>does this means he would have to wait 6 months before working at a job in a related field? Is this enforceable?</p>
</blockquote>
<p>No. Although the last sentence appears to encompass the whole IT business in British Columbia, that naive provision would be voided as unreasonable and contrary to public policy. For that clause to be valid, (1) &quot;<em>direct competition</em>&quot; can only mean &quot;<em>the same actual or prospective client(s)</em>&quot; in regard to the IT business, or (2) the contract would have to require from SpecialCorp enough consideration in order to render this constraint reasonable.</p>
<p>Note there is a difference between &quot;<em>prospective</em>&quot; and &quot;<em>potential</em>&quot;. Every entity which is not an actual client is a potential one. But &quot;<em>prospective</em>&quot; suggests that the entity is engaging in negotiations with, or screening of, SpecialCorp for a project or service plan.</p>
