Workplace Injunction Order Lawyer Ontario
An injunction is a court order that prevents a person or company from engaging in a particular act. Employers often threaten to pursue injunctions against former employees who leave and solicit or contact former colleagues and clients. Sometimes this is used as a tactic – to scare former employees and their new employers from harming their business. It can be difficult to obtain an injunction but the threat of it can be quite effective.
Whitten & Lublin, Employment & Labour Lawyers have handled countless claims of injunctions on behalf of both employees and employers. Our lawyers can identify when the threat of an injunction is merely strategic and when that risk is real. The strength of an injunction request is usually based upon the strength of a non-solicit or non-compete clause and the evidence as to whether it is being violated or not. Knowing when the evidence is going to hold up or fail usually makes the difference. Why take a chance with your important case? Call Whitten & Lublin: the lawyers with injunction-based expertise.
Keep in mind that an employer may bring an injunction to prevent the former employee and their new employer from doing things like:
- Contacting the former employer’s customers, clients, and employees in violation of a non-solicitation or non-competition clause.
- Using the former employer’s confidential business information
- Competing with the former employer (e.g. making a bid for the same project)
- Making defamatory comments about the former employer, or their products, quality of service, etc.
To obtain an injunction in one of these cases, a party usually must show that the departing employee had some obligation towards their former employer which they are violating. This obligation uses arise from a clause in an employment agreement. In limited situations, an employer may be able to obtain an injunction on the basis that the departing employee was a “fiduciary”, which is a type of employee who owes duties of confidentiality and loyalty to the former employer even without an employment agreement.
Because it is such a serious remedy, obtaining an injunction is not easy. To do so, the employer has to convince the court that the matter is serious, the balance of convenience favours granting an injunction, and irreparable harm will be caused to the employer if the injunction is not granted. An employer will also be required to agree to pay damages to other parties if the injunction turns out to be ill-advised (e.g. if the employer obtained the injunction based on incorrect facts).
Whitten & Lublin Employment & Labour Lawyers assist both employees facing injunction claims as well as employers who wish to make these claims. Call us now and get immediate advice concerning your matter. 416-640-2667.