Q & A – February 18, 2014

buspep-meet-handshakeQ. Can I ask employees to sign an agreement saying that if they leave they will not solicit my clients or their former fellow employees?

A. Yes, under certain circumstances.  These agreements are regulated by state law.  Where permitted, such agreements should be written by legal counsel and narrowly-tailored to protect the employer from loss of its employees or clients that it has current relationships with.  Non-solicitation agreements cannot, however, be so restrictive as to prohibit a former employee from contacting former co-workers or clients to say that he or she has left employment and gone elsewhere.​