How long do non-solicitation agreements last?

Many California employers use employee non-solicitation provisions in their employment agreements. These provisions prohibit employees, both during their employment and for one to two years thereafter, from soliciting the company’s employees or independent contractors to leave the company.

Are employee non-solicitation agreements enforceable?

To be enforceable, an agreement must meet these requirements: There isn’t much a company can do to stop its other employees from leaving to join a former employee at a new company, as long as the departing employee hasn’t improperly solicited them (and the employees aren’t subject to enforceable noncompete agreements).

How can I get out of a non-solicitation agreement?

Escaping Nonsolicitation Agreements

1. Don’t sign.
2. Build your book independently.
3. Carve out pre-existing relationships.
4. Require “for cause” termination as the trigger.
5. Provide for a payoff.
6. Turn clients into friends.
7. Don’t treat clients as trade secrets.
8. Invest in your own business.

How do you beat a non-solicitation clause?

How do I get out of a non-solicitation agreement?

How enforceable is a non-solicitation clause?

Non-solicitation clauses are only enforceable where they protect legitimate business interests and are drawn as widely as is reasonable. Generally, the court will look at what timescale the employer needs to protect its business. Six months is generally accepted to be a reasonable amount of time.

How long is too long for a Non-Solicitation Agreement?

Whether a time period in a non-solicitation agreement is too long is a fact-sensitive inquiry. Usually an agreement with a time period of one year is appropriate, but time periods for ten years might be unduly burdensome.

What should you not do during a non-solicitation period?

In any communication made during a non-solicitation period, do not use or note any business address, email or website you might use for business. You need to be a bit “paranoid” for any arguments that what you have sent is “solicitation.”

Can a Non Solicitation Agreement be enforced in California?

So even if an employee signs a non-solicitation agreement, it might be impossible to enforce. In California, a state Supreme Court ruling made all non-solicitation agreements unenforceable except to protect trade secrets. The biggest legal problem with non-solicitation agreements is the unofficial right to work.

What does solicitation mean in an employment agreement?

Poor wording: Solicitation can mean a few different things. It can mean stealing clients, poaching employees, and otherwise using inside information for a different company. If you want your agreement to mean anything, you need to make sure you define solicitation based on what you don’t want the employee to do.