Nonsolicitation agreements are legally binding documents that employees sign which limit their ability to communicate or engage with certain contacts. In essence, these documents protect employers from employees engaging in recruitment of their contacts and/or clients. These agreements can include prohibitions against making contact with competitors, clients, and employees. Moreover, the terms of the agreement can forbid a former employee from any and all solicitation activities.
It is important for employees to understand their rights and obligations when signing a nonsolicitation agreement. For example, when signing an agreement, employees should confirm that the time frame and scope of the agreement is reasonable. This ensures that they are not signing a document that binds them to an agreement that is too limiting for a very long period of time.
In addition, employers should consider ensuring that employees understand that any solicitation activities that the employee may engage in independently of the employer must still be within the framework of the agreement and should not breach the employer’s intellectual property or confidential information.
Ultimately, a nonsolicitation agreement is an important document that both employers and employees should consider and understand when entering into any type of employment relationship or contract. It is important to note that the boundaries of a nonsolicitation agreement may vary from employee to employee, and both the employer and employee should be sure to negotiate and review the final document.