Re: [messengers] Canadian non-competition clauses?

Date: Tue Feb 09 02:10:52 2010
From: Corey Hilliard <coreythecourier@xxxxxxxxx>


Regardless of the reasons why you left the courier company, taking a recent
employer's clients is often considered unethical in the business world. As
Canada may have unique laws in these matters, you should find a lawyer to
advise you pro bono (free). Maintenance of a separate business that competed
with your previous employer at the same time you worked there will put you
in a bad position if it is mentioned in court. Your best hope is that the
non-compete gets thrown out. Otherwise you may have to pick a new job or
city.

Corey the Courier

On Mon, Feb 8, 2010 at 11:12 AM, <mark@xxxxxxxxxxxxxxxxxxxx> wrote:

> Contact a less expensive attorney.
> Any advice you get off a mail list is not solid legal advice. (I'm sure you
> already know that)
> That being said, in any contract in the states you need consideration by
> both parties and employment is rarely considered consideration for any
> non-compete clause.
> Good luck.
>
> Mark
>
>
> ----- Original Message ----- From: "Jace Brien" <treebeard1722@xxxxxxxxx>
> To: "Mark Loeppky" <leposuction@xxxxxxxxx>
> Cc: <messengers@xxxxxxxxx>
> Sent: Sunday, February 07, 2010 8:22 PM
> Subject: Re: [messengers] Canadian non-competition clauses?
>
>
>
>  Those contracts usually don't hold up in cpourt in the states.  Has anyone
>> had experience with this?
>>
>> On Fri, Feb 5, 2010 at 8:01 PM, Mark Loeppky <leposuction@xxxxxxxxx>
>> wrote:
>>
>>  Happy Friday to all.
>>> On December 1st I was fired by the company I had been working for for the
>>> past 7 years due to irreconcilable differences between the dispatcher and
>>> myself. On account  of having nothing but positive relationships with
>>> former
>>> clients,  I had no trouble at all acquiring clients for Steel Horse
>>> Courier,
>>> the Company I started up over a year ago.
>>> long story short I am now being "sued" by Dasher Courier, under the
>>> umbrella
>>> of  Direct Integrated Transportation and Canada Cartage(although they
>>> have
>>> yet to actually contact legal council, and I have a waayyy to expensive
>>> lawyer). They want me to cease and desist.
>>>
>>> The contract I signed is illegal because:
>>> -It was signed with an opportunity to seek legal advice and signed under
>>> duress. (we were given 5 minutes to meet a guy in a pick up truck to sign
>>> the contract or else we would be fired immediately)
>>> -I never received a copy of the contract for myself.
>>> -Lots of ambiguities within the contract render the fucker invalid
>>> anyhow.
>>>
>>> If this has to go to trial, It may cost upwards of 15,000 beans in legal
>>> fees and court costs to save 7-8000 per year that I would bill the
>>> client.
>>> If anyone has ever gone indy and taken on their former employer under
>>> canadaian law, and can offer me some advice I would love to hear it. To
>>> all
>>> else, enjoy the weekend.
>>>
>>> -Lep
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>
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