Signing Non Solicitation Agreement

December 17, 2020 by eklose

Whether you represent a company with experienced employees and an exclusive client list, or you are an employee starting a new position, it may be important to hire an occupational or contract lawyer to verify the non-call agreement line by line. This lawyer can help by consolidating the language, removing what is unenforceable and negotiating better terms. Just post your legal needs, and UpCounsel can help you by connecting to some of the best lawyers in the industry. These professionals have an average of 16 years of experience, and many are graduates of Harvard and Yale. The essential to remember if you are considering a non-invitational remedy action: It is difficult to prove the invitation. What happens if a former employee does not actively search for company employees but contacts the former employee? What happens if a former grocery store employee meets with a former customer and hands over a business card? In Illinois, an employer sued an employee for violating his non-invitation agreement for sending requests to LinkedIn to his former clients and co-workers. However, the court sided with the employee on the basis that the LinkedIn applications were generic and that the customers or employees had not been directly on duty. When a staff member is asked to enter into a non-invitation agreement, they should check whether the agreement is appropriate. Such a finding cannot be proof of self where a competent lawyer can be of great help. A staff member who is asked to enter into an inappropriate non-invitation agreement may negotiate more reasonable terms of the agreement. A non-invitation agreement, sometimes called an “anti-piracy agreement,” is an agreement made by a worker not to ask clients or clients of his former employer to do so for a specified period after the termination of his obligation to work. Alpha Tax Servs., Inc.

V. Stuart, 158 Ariz. 169, 171 (Ct. App. 1988) An employer must not impose a restrictive post-employment contract to eliminate competition itself. Restrictions imposed by a restrictive pact on the competition activities of a former employee are subject to scrutiny by the courts. A restrictive pact that prohibits competition in general is too broad, as it is reasonably necessary to protect the former employer from the demand of its customers.



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