NON-SOLICITATION AGREEMENTS
Non-Solicitation Agreements are commonly used by employers to prevent employees from soliciting clients or employees of their former employer after leaving the company. Non-Solicitation Agreements are legal contracts that restrict an employee's ability to solicit clients or employees of their former employer. These agreements are typically used to protect the employer's relationships with its clients and employees, which are often valuable assets.
Under New York law, non-solicitation agreements must be reasonable in scope and duration. This means that they cannot be overly broad or long-lasting. For example, an agreement that prevents an employee from soliciting any clients of their former employer for the rest of their life would likely be considered unreasonable.
It's also worth noting that non-solicitation agreements cannot be used to prevent an employee from working for a competitor. In New York, employees have the right to seek employment in their chosen field, and employers cannot use non-solicitation agreements to unfairly restrict this right.
Additionally, New York law requires that employees be given a reasonable amount of time to review and consider the non-solicitation agreement before signing it. Specifically, employees must be given at least 21 days to consider the agreement (or 45 days if the agreement is part of a group termination program).
Non-solicitation agreements can have serious consequences for employees who violate them if they are found to be enforceable. Depending on the terms of the agreement, an employee could be subject to fines, lawsuits, or even injunctions preventing them from soliciting clients or employees of their former employer.
However, while non-solicitation agreements can be an important tool for protecting an employer's relationships with its clients and employees, they must comply with certain legal requirements in order to be enforceable.
As always, it's important to remember that every situation is unique, and the information provided in this blog post is intended as a general overview of the laws regarding non-solicitation agreements in New York. If you have questions or concerns about a non-solicitation agreement you have been asked to sign, contact our office for a free consultation and Flat Fee services!
