Leesburg Non-Solicitation Agreement Lawyer
If you are employed in an industry that provides services to clients or uses proprietary technology, you may have been asked to sign a non-solicitation agreement. This is a restrictive contract that limits your ability to solicit clients or employees from your employer. A non-solicitation agreement may be a section contained in a broad employment contract or it may be a completely independent document. It is important to understand the contract and the implications it has prior to signing it.
Before you sign any employment contract, you may want to consult with a Leesburg non-solicitation agreement lawyer. An experienced employment attorney at the Spiggle Law Firm can review a proposed non-solicitation agreement to ensure that its terms are fair or negotiate more favorable terms on your behalf.
Purpose of Non-Solicitation Agreements
A successful business has likely put a substantial amount of time and money into building and maintaining a client base and staff. Therefore, employers often insist on establishing non-solicitation agreements to protect their business interests.
When an employer brings on an employee who becomes privy to client identities, trade secrets, and proprietary information, it can be easy for an employee to take this information with them to a new position or to start their own business. By executing and enforcing non-solicitation agreements, employers can attempt to prevent actions that are detrimental to their business.
Sometimes can be difficult to ascertain what sort of conduct amounts to solicitation. Typically, a non-solicitation agreement will clearly outline prohibited forms of solicitation.
Non-solicitation agreements normally prohibit advertising, marketing, posting on social media, or otherwise soliciting business by any form of written or oral communication. However, as social media has become more pervasive, non-solicitation agreements are containing more specific terms about prohibited online activity in addition to conventional modes of communication.
Enforceability of Leesburg Agreements
Leesburg non-solicitation agreements are governed by common law. This means there is no statutory authority addressing their enforceability. Since non-solicitation agreements fundamentally impose a restriction on trade, it is crucial the terms are fair.
The Leesburg courts tend to disfavor contracts that impede on an individual’s right to pursue new employment or business opportunities. For this reason, the court will generally only enforce non-solicitation agreements that contain reasonable terms. Moreover, any ambiguous terms in the contract may be construed against the employer.
Reasonableness of a Contract
Typically, a non-solicitation agreement will be construed as reasonable if the restrictions are limited to what is actually necessary to protect the employer’s legitimate business interest. However, there is no blanket rule that establishes what is reasonable.
The court will usually determine what is a reasonable scope and duration for a non-solicitation agreement on a case by case basis. As a general rule, the narrower the agreement is in scope and duration, the more likely the court will uphold it.
In addition to satisfying the requirement of reasonableness, a non-solicitation agreement must also amount to a valid contract. Properly drafted and executed non-solicitation contracts will likely be binding on the parties only if the underlying agreement is reasonable.
Talking to a Leesburg Non-Solicitation Agreement Attorney
Non-solicitation agreements can have a real impact on your future employment prospects. To avoid adverse consequences if and when the agreement is enforced, it may be important to have a skilled Leesburg non-solicitation agreement lawyer review the agreement for you.
At the Spiggle Law Firm, we can provide you with legal advice as to the benefits and burdens of entering into the agreement. Click here to find out more.