Are non-solicitation agreements enforceable? The guidance given in this article is premised upon legal analysis arrived at by the author trying to acquire) clients of their employer, or alternatively, from soliciting other employees of the employer to leave their current employment. A Hong Kong court recently considered the enforcement of a non-solicitation clause against an employee who was employed as a delivery worker. The main use for a non-solicitation clause is to keep your client base in tact when someone leaves your organization, meaning that businesses that focus heavily on sales (where holding accounts is important) are much more likely to use one of these clauses than other organizations that, say, manufacture goods. eur-lex.europa.eu These restrictions must be limited in geographic scope and duration. Is it that you’ll leave to go to a competitor taking … Elle interdit au contractant de solliciter les collaborateurs de l'autre, ou de répondre à l'une quelconque de leur sollicitation. The clause must have a limited geographic scope and time in place that is reasonable. Well, in short, you can’t expect your non-solicitation clause to be enforceable if you do not have a valid reason for using one. Non-solicitation provisions restrict a former employee, contractor or other individual from soliciting employees, clientele, or specific suppliers of the business. Again, it largely depends on your corporate culture. When drafting an employment contract, it is essential to understand the difference between a non-solicitation clause and a non-competition clause. master:2020-11-23_13-26-21. Non-solicitation clauses don't only apply to customers, patients, and clients. A non-solicitation agreement – or non-solicitation clause in an employment contract – restricts an employee from actively pursuing your clients, vendors, and/or employees both during employment and for a specified period after the employment relationship has ended. Work closely with your legal team to make sure you have a valid reason to use a non-solicitation clause and that everything you are trying to do complies with local, state, and federal laws. If they see that their favorite sales rep is gone, they can choose to move to the firm the employee is now working for as long as they are not directly solicited by that employee. A non-solicitation clause can cover that worry without the additional scope of the document. While aiming for precision for the clause to be enforceable in court, one must understand that a court is not responsible to make changes to the clause. After all, customers can choose who they do business with, an internal policy at your organization isn’t going to stop them. This template will ensure that employees recognize their obligation to protect and secure their employers’ intellectual property during and after their time as an employee. Non-Solicitation Clauses in NDAsby Practical Law Canada Commercial TransactionsRelated ContentThis Legal Update addresses the use of non-solicitation (non-poaching) clauses in confidentiality or non-disclosure agreements (NDAs) entered into between parties discussing or exploring a potential business transaction. I agree that at all times, both during and after my employment with International … Related Content. Non-Solicitation. Want to learn more about non-solicitation clauses? after such employee leaves/exits the Company. 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