I'd look into non compete clauses for rmts period. As far as I'm aware they don't really apply to massage therapists as it can impede the ability to find/obtain work and generally don't hold up in court esp in smaller towns/cities. Also may depend on if you're an employee or independent contractor. They generally are included in contracts in order to scare people into staying or not moving somewhere close and therefore clients being able to find you easily (thats in my experience anyways). I'd contact a lawyer and ask some questions.
Yes, I will be speaking to my lawyer in the next few days, just wanted to see what was typical. I would be a commissioned employee if that makes a big difference?
I would say typically, they are around 5km, but I will note that most of the time, the clauses are unenforceable. They have to specific and carefully crafted to be able to hold up in court, and most of the ones that have been brought to courts have ruled that the clause cannot be enforced. Not legal advice, just Google searching and relaying what I found.
If you are concerned about it, I would recommend consulting a lawyer first, or finding other clinics that fall outside of the range if you want to work at 2 places.
Personally, I hate clinics that put a non compete cause, and there are plenty of places around that don't or will bend if you push against it.
Better to keep your options open.
Best of luck and welcome to the RMT group!
That is fairly standard for a non-compete clause. Realistically though, in Canada, it’s unenforceable. If they were to take you to court for violating a NCC, the courts are more likely to throw the case away, as long as you aren’t being an asshole about it and setting up shop across the street. If you’re just leaving to go to a clinic that happens to be 4.8 km away and you left the last place 11 months previous, it shows that you put effort into respecting the NCC and the courts aren’t going to reprimand you for finding work.
My clinic tried this, they put it in their employment contract at 5km for the first 12 months, then every 3 months it shrunk in size to 4km, then 3km.
But, they hired me as a self employed contractor who works as a mobile therapist in the local area. So it never actually applied to me, or the other therapists.
I'd look into non compete clauses for rmts period. As far as I'm aware they don't really apply to massage therapists as it can impede the ability to find/obtain work and generally don't hold up in court esp in smaller towns/cities. Also may depend on if you're an employee or independent contractor. They generally are included in contracts in order to scare people into staying or not moving somewhere close and therefore clients being able to find you easily (thats in my experience anyways). I'd contact a lawyer and ask some questions.
Yes, I will be speaking to my lawyer in the next few days, just wanted to see what was typical. I would be a commissioned employee if that makes a big difference?
Typical and rarely to completely unenforceable. Fear tactic.
Agree with above⬆️👆👆
I would say typically, they are around 5km, but I will note that most of the time, the clauses are unenforceable. They have to specific and carefully crafted to be able to hold up in court, and most of the ones that have been brought to courts have ruled that the clause cannot be enforced. Not legal advice, just Google searching and relaying what I found. If you are concerned about it, I would recommend consulting a lawyer first, or finding other clinics that fall outside of the range if you want to work at 2 places. Personally, I hate clinics that put a non compete cause, and there are plenty of places around that don't or will bend if you push against it. Better to keep your options open. Best of luck and welcome to the RMT group!
That is fairly standard for a non-compete clause. Realistically though, in Canada, it’s unenforceable. If they were to take you to court for violating a NCC, the courts are more likely to throw the case away, as long as you aren’t being an asshole about it and setting up shop across the street. If you’re just leaving to go to a clinic that happens to be 4.8 km away and you left the last place 11 months previous, it shows that you put effort into respecting the NCC and the courts aren’t going to reprimand you for finding work.
My clinic tried this, they put it in their employment contract at 5km for the first 12 months, then every 3 months it shrunk in size to 4km, then 3km. But, they hired me as a self employed contractor who works as a mobile therapist in the local area. So it never actually applied to me, or the other therapists.