Understanding Non-Solicitation Agreements

agreementAs an employee, you may be asked to sign a non-solicitation agreement at any point. Even if you aren’t presented with one during onboarding, your employer may ask you to sign during your employment or as you leave.  

What Is a Non-Solicitation Agreement?

To be clear, a non-solicitation agreement is not the same as a non-compete. Usually, non-solicitation protects your employer if you ultimately work for a competitor. They prevent you from bringing over clients, employees, and information.

For instance, imagine working at an advertising agency that works primarily with grocery store chains. Because the chains are nationwide, you develop strong working relationships with grocery store owners throughout the country. A non-solicitation agreement stops you from asking these contacts to come with you if and when you get hired by another agency—or decide to start your own agency. 

Signing a Non-Solicitation Agreement

Upon getting a new job, you may be required to sign a whole series of documents. This could be everything from acknowledging you have read the employee handbook to selecting a healthcare package. Some people may feel a slight amount of pressure to sign because they don’t want to upset their employer.

You can ask questions and request more time. You may be curious how long a non-solicitation agreement lasts or if you can get around a non-solicitation agreement. You should speak to an attorney who understands employment law and contracts to get answers to these questions. Another element that gets overlooked pertains to how many contacts you currently have.

Employees aren’t the only ones wondering about non-solicitation agreements. There are also concerns for small business owners. If you ran a small business, closed it, and brought some contacts to your new job, who then owns those contacts if you sign a non-solicitation? These are the types of questions that you need answers to. Furthermore, you can negotiate. If you are giving something up, what are you receiving in return?

What Happens if You Break a Non-Solicitation Agreement?

Another element of negotiation could pertain to trying to get out of it. If you have signed a non-solicitation agreement, schedule a consultation with an employment law attorney who works with these contracts. At the very least, you may have a series of options to choose from. There’s a possibility you could retain elements of a contract while dropping others. Your negotiation ability is situationally dependent and should be discussed with professional legal counsel. 

Legal Advice for Non-Solicitation Agreements
Amsberry Law Firm has been helping employees with their legal issues since 1995. For more information about how we can assist you with MSPB litigation, whistleblower claims, and retaliation/discrimination, contact our employment attorneys at (210) 354-2244 to schedule a free phone consultation.

Attorney Russell Amsberry

Attorney Russell J.G. Amsberry

Attorney Russell J.G. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazine’s listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. [ Attorney Bio ]

The following two tabs change content below.

Amsberry Law Firm

The Amsberry Law Firm, founded in 1995, has helped thousands of clients overcome their unique legal challenges.

Latest posts by Amsberry Law Firm (see all)