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    Businessb1 097

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    businessB1_097

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    Businessb1 097

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    of 2

    Level B1 Business English Article

    Making Memories 思い出をつくる


    記事
    Lesson 97
    1 TOPIC
    今日のトピック
    QUESTION

    Can non-compete clauses


    be in a contract?
    競業避止義務は契約書に記載できるか？
    ※競業避止義務 ライバル会社に勤務してはならないということ

    2 ARTICLE
    記事
    Directions: Read the following article aloud.
    課題： 以下の記事をはっきりとした声で音読しましょう。

    Can my employer force me to sign a non-compete clause?


    Could you comment on Canadian case law about non-compete clauses? My
    new employer is insisting that I sign one, and the battle to get it removed is
    proving unhealthy for my relations with the employer even before I start. I
    checked with a local lawyer and he felt the non-competes are worthless in a
    Canadian context and not enforceable.

    Customers are seldom attracted to one company or another exclusively by


    virtue of the services they are offered. Rather, their loyalty often lies with
    the relationships that are built and the key employees who have built them.
    That is why employers will go to great lengths to protect their business from
    departing employees, often by compelling them to agree to contractual limits
    on post-employment competition.

    While courts permit employers to protect their business through these


    contractual limitations, for a number of reasons, they often rule that
    employers have gone too far. A recent Ontario case provides a perfect
    example.

    If the clause is provided to the employee after work begins, even if on the
    first day, it will not be enforceable unless it is provided along with something
    of value in exchange for signing it, such as a bonus, raise or promotion. If an
    employee is required to sign the clause mid-tenure, it is sometimes wise to
    not even protest it, since it will never be enforced.

    In short, most non-compete clauses are excessive, and thus will be upheld
    only in very limited circumstances. Copyright (C) 2012 Sankei Human Learning Co., Ltd.
    Level B1 Business English Article
    記事
    Lesson 97
    3 VOCABULARY
    語い
    Directions: First repeat after your tutor and then read aloud by yourself.
    課題： 先生の後に続いてくり返した後、今度はひとりで発音してみましょう。

    insisting 主張 enforceable 法的強制力


    virtue 美徳 compelling 説得力ある
    excessive 過度の

    4 Questions
    質問
    Directions: Read the questions aloud and answer them.
    課題： 質問を声に出して読んだ後、答えてみましょう。

    1. Can the employer use non compete clauses against you in


    court?

    2. What happens if your employer ask you to sign a contract


    with a clause after work begins?

    3. What would you do if your employer asked you to sign a


    non-compete contract?

    4. Do you pay extra attention to all the details on the contract


    or do you just get a general idea?

    Copyright (C) 2012 Sankei Human Learning Co., Ltd.

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