Daycare center contract

Just out of curiosity... has anyone ever heard of a daycare with a non-compete clause in its employment contract?

I was just talking to a friend of mine who's cousin just quit working at a daycare center. She quit because her contract was up and she refused to sign a new contract that had a clause in it stating that for the next four years, if she left that job, she would not be able to work within the city in any childcare position or even open her own home daycare.

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Originally Posted by kindertime

Just out of curiosity... has anyone ever heard of a daycare with a non-compete clause in its employment contract?

I was just talking to a friend of mine who's cousin just quit working at a daycare center. She quit because her contract was up and she refused to sign a new contract that had a clause in it stating that for the next four years, if she left that job, she would not be able to work within the city in any childcare position or even open her own home daycare.

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That is absurd! I can understand something about when you quit there you can't recruit other employees to leave to your new place (My husbands work has such non-competes). But this is childcare if you leave a daycare with that non-compete then you leave your career as a whole!

I'd be curious if they are able to actually follow through with this in the courts.

After I heard this, I did a search, and apparently, it is legal in Que. (where this is) and in the rest of Canada too, however, there are certain conditions, and from what I read, courts are not overly eager to enforce them, either.

In my Google search, I found examples of daycares in the States where they do this but until yesterday, I had only ever heard the term "non-compete" on t.v.

Quote:

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Originally Posted by kindertime

After I heard this, I did a search, and apparently, it is legal in Que. (where this is) and in the rest of Canada too, however, there are certain conditions, and from what I read, courts are not overly eager to enforce them, either.

In my Google search, I found examples of daycares in the States where they do this but until yesterday, I had only ever heard the term "non-compete" on t.v.

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Interesting. I still don't see the point. Unless the person leaves for a new job and somehow hinders or negatively impacts (sharing inside info etc) your workplace it shouldn't matter where they go.

My husband left his last job 1.5yrs ago and took 3 other people with him. When their new company signed the 4 of them on they signed saying they would cover all costs of legal fees and rulings since my husbands last workplace had something in there about not being able to take coworkers with you when you left. But, for the new company taking a team of 4 strong workers on is more valuable than the potential legal fees it could have cost if the old company chose to sue (they didn't). That makes sense to me, but to say my husband couldn't work in the same field of business for 4 years if he left is absurd.