Covenants Not to Solicit
Covenants not to solicit are specific agreements whereby a person agrees they will not solicit or hire employees of his or her prior employer, or agrees not to solicit or enter into a contract with his prior employer’s clients and/or customers.
- Non-Solicitation of Employees
- Non-Solicitation of Customers, Customer Prospects, and Vendors
As with non-compete covenants, correctly drafting a non-solicitation covenant is key to enforceability should the employer require to take this action in the future.
If you choose to mandate the signing of a non-solicitation agreement for new hires, you should disclose early in the interview process that a non-solicitation clause is a requirement of the job to avoid any perception of coercion. The employee should have an opportunity to factor this information into the decision to accept or refuse the employment offer.
A non-solicitation agreement must be drafted carefully to ensure that they will be enforceable and prevent language that may result in a court disqualifying the agreement.
A business should hire an attorney to draft the non-solicitation agreement so that the needs of the business are specifically addressed and enforcement is most likely to be upheld. You should also consult an Attorney to ensure that you understand the situations when the non-solicitation agreement may not be enforceable and to develop the proper process for presenting the non-solicitation clause during the hiring process.
Rodrigues Rendina, Attorneys At Law
At the Law Offices of Rodriguez Rendina, we will work side by side with you to prevent or minimize time in court and to assist in resolving disputes if they do arise.
Information in this post should be confirmed through an attorney and is for informational purposes only.