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Escaping Nonsolicitation Agreements Don't sign. ... Build your book independently. ... Carve out pre-existing relationships. ... Require ?for cause? termination as the trigger. ... Provide for a payoff. ... Turn clients into friends. ... Don't treat clients as trade secrets. ... Invest in your own business.
Escaping Nonsolicitation Agreements Don't sign. ... Build your book independently. ... Carve out pre-existing relationships. ... Require ?for cause? termination as the trigger. ... Provide for a payoff. ... Turn clients into friends. ... Don't treat clients as trade secrets. ... Invest in your own business.
Non-solicitation agreements are often used in employment contracts to protect an employer's business interests. However, California courts have held that these agreements are void and unenforceable because they restrain trade in violation of public policy.
A Standard Clause limiting an employee's solicitation of employees and customers during the term of the employee's employment and for a specified period of time after the employment relationship ends.
Q: Can Companies Agree Not to Poach Employees? A: Companies may agree not to poach each other's employees, but such agreements or contracts, whether verbal or written, are useless because they aren't enforceable under California state law, nor are they recognized in court.
However, if the former employee signed a non-solicitation clause, reaching out to those customers could result in a lawsuit. An employment agreement might include this clause as a way to protect the potential harm that could happen if a former employer tried to steal customers.
To be enforceable in Massachusetts, a non-compete agreement must be in writing and signed by both the employer and the employee. It must also expressly state that the employee has the right to consult with a lawyer prior to signing.
This might look something like this: ?During the term of this Agreement and for a one (1) year term thereafter, (Contractor Name) shall not solicit or encourage any employee, vendor, independent contractor, or client of (Company Name) to leave or terminate their relationship with (Company Name) for any reason.?