What are non-solicitation agreements?

On Behalf of | Oct 22, 2021 | Non-Solicitation Agreements And Restrictive Covenants |

When you agree to work for a company, you may be asked to enter into various agreements intended to protect both your interests and the best interests of the business. One of these agreements may be a non-solicitation agreement. Generally, the purpose of a non-solicitation agreement is to ensure that employees do not try to take company business with them when they leave the company, take a job with a competitor, or start their own business.

What is included in a non-solicitation agreement?

Non-solicitation agreements are typically included as part of a larger employment contract, non-disclosure agreement, or non-compete agreement. The non-solicitation agreement may specify that when you leave your job:

  • You cannot solicit your former employer’s customers, or clients for your own benefit or the benefit of your new company.
  • You cannot solicit your former employer’s employees to join you at your new company.
  • You cannot use your former employer’s confidential information to benefit your new company.

Navigating non-solicitation agreement disputes

A company works hard to build their reputation, develop their products, and hire the best employees, and will do whatever they can to protect their business. However, as an employee you have rights to move forward in your career without the fear of legal action from the old one.

As a result, if there is a dispute over a non-solicitation agreement, courts will first evaluate if the agreement is reasonable, specific, and only broad enough to protect the company’s legitimate business interests. Overly broad agreements make it unnecessarily difficult for a former employee to find other work or start their own business and will likely not be validated by the court.

If you find yourself in a dispute over a non-solicitation agreement with a former employer, an employment law attorney may be able to help protect your rights.