Break 2 year contract

[Pelz]

Hey guys, I am currently working in a 2 year contract how ever I my employer keep on disrespectful to me, I wanted to leave my job but I have a 2year contract with them. In that contract they say I can't work with any kind of similar business after breaking the contract and now I am on dilemma. I have an open work permit I wanted to leave soon as possible and I applied for PR recently.

 

[Buletruck]

Non compete contracts are legally binding. Again it depends on your position within your current organization....if you’re the janitor, it’s unlikely it’s enforcable, if you’re the chief design engineer you’ll need to look at an alternate industry.

 

[Pelz]

Non compete contracts are legally binding. Again it depends on your position within your current organization....if you’re the janitor, it’s unlikely it’s enforcable, if you’re the chief design engineer you’ll need to look at an alternate industry.

I work in a restaurant.

 

[Naturgrl]

So you are on a open work permit but signed a 2 year work contract…why? You need to look at the terms of the contract for leaving. If it says you can’t work in any similar business then you can’t. You signed an agreement no

I work in a restaurant.

You signed a non-compete, 2 year contract on an open work permit? Are you a chef/cook? Assume on PGWP.

 

[Pelz]

Because they said they gonna help me with AIPP but they haven't started the processing yet. I applied for to PR by express entry already. (Not allowed to work in similar jobs in the same city )

 

[Naturgrl]

Because they said they gonna help me with AIPP but they haven't started the processing yet. I applied for to PR by express entry already. (Not allowed to work in similar jobs in the same city )

What NOC? Are they a designated employer for the AIPP? They strung you along. You can leave the job but don’t work in the city. However not sure if it would hold.

 

[Pelz]

Noc code 6322, yes they are designated and they are lagging with my application and i only have work permit till next April.

 

[Naturgrl]

Noc code 6322, yes they are designated and they are lagging with my application and i only have work permit till next April.

You dont have to work for them. Leave.

 

[Buletruck]

Depending on the specific wordin, and again your position at your current employer, sounds like the non compete may be a little to broad in its coverage. While a non compete for specific jobs can be used to prevent possible competitive advantage or transfer of proprietary information by a competitor, denying someone employment with overly non specific requirements usually won’t pass in the courts. Saying a hostess in a restaurant can’t work in another restaurant for 2 years won’t pass common law in Canada. That would be depriving them of their fundamental right to work.

 

[Pelz]

Depending on the specific wordin, and again your position at your current employer, sounds like the non compete may be a little to broad in its coverage. While a non compete for specific jobs can be used to prevent possible competitive advantage or transfer of proprietary information by a competitor, denying someone employment with overly non specific requirements usually won’t pass in the courts. Saying a hostess in a restaurant can’t work in another restaurant for 2 years won’t pass common law in Canada. That would be depriving them of their fundamental right to work.

So you think its okay for me to leave?

 

[Buletruck]

Based on your NOC, I’d say yes. You can always check with the provincial labour standards office about your contract.

 

[Copingwithlife]

So you think its okay for me to leave?

However , keep in mind , you leave voluntarily, you won’t be eligible for EI, and or any Government Covid Benefits. So if you have money saved up to support yourself while you look for a new job , quit .

 

[Pelz]

However , keep in mind , you leave voluntarily, you won’t be eligible for EI, and or any Government Covid Benefits. So if you have money saved up to support yourself while you look for a new job , quit .

Yes sure, thank you.

 

[Pelz]

Based on your NOC, I’d say yes. You can always check with the provincial labour standards office about your contract.

Sure thing.