Restrictive Covenants in Employment Agreements: Non-Solicitation Clauses

Restrictive covenants are often contained in employment agreements and designed to protect the employer’s legitimate business interests. Three restrictive covenants are often included in employment agreements: 1.) non-disclosure clauses, 2.) non-solicitation clauses, and 3.) non-competition clauses. With respect to the second category, non-solicitation clauses protect the employer by limiting an employee’s ability to take valuable customers or employees with them upon termination of employment. Non-solicitation clauses must be properly drafted and narrowly tailored to protect the employer’s business interests. If they are overly broad or otherwise not tailored to protect the employer’s legitimate business interests, then courts will be hesitant to enforce them. Drafting an enforceable non-solicitation clause requires a detailed, factual analysis of the employer’s business interests. The Business Law Group drafts employment agreements that include non-solicitation clauses for business clients in our General Counsel Packages without any additional charge. If you have questions about drafting an employment agreement with restrictive covenants or whether an existing non-solicitation clause is likely to be enforceable, call the Business Law Group today and speak to an attorney.