Illinois Attorney for Non-Solicitation Agreements
A non-solicitation agreement is a legal contract commonly used in employment relationships to prevent employees from actively seeking or enticing a company’s clients, customers, or other employees away from the business. It helps protect a company’s relationship and assets by limiting the solicitation of key individuals. Non-solicitation is commonly used in employment agreements to safeguard the employer’s client base. Like a non-compete agreement, it is also regulated by some states but usually not as strict.
Similar to non-compete agreements, some states express concerns that overly restrictive non-solicitation agreements can impede employee mobility and competition. As a result, certain states enacted laws to regulate and restrict the enforceability of these agreements. In Illinois, among other restrictions, non-solicitation agreements can not be enforced against employees earning less than $45,000 (in 2023).
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Key Elements of Non-Solicitation Agreements
When creating your business’s non-solicitation agreement, key points you should consider include:
- Clearly defining the scope of prohibited solicitation activities,
- Specifying the duration of the restriction,
- Identifying the individuals or entities covered by the restriction, and
- Ensuring that the restrictions are reasonable and necessary to protect the employer’s interests.
If you want to have the ability to enforce your non-solicitation agreement, the above key points need to comply with your state law. Otherwise a court may throw out the agreement.
Secure the future of your business relationships and intellectual assets with Motiva Business Law’s tailored solution. Our business attorneys provide expert guidance in drafting, negotiating, and reviewing non-solicitation agreements to ensure they align with your business goal and comply with applicable laws.
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Non-Solicitation Agreements FAQ
Yes, non-solicitation agreements can apply to independent contractors, consultants, or any party with access to sensitive business information, as long as there is a legitimate business interest to protect and the state laws allow it.
While both aim to protect business interests, a non-solicitation agreement specifically targets the solicitation of clients, customers, or employees. In contrast, a non-compete agreement generally restricts engaging in direct competition with the employer.
The duration of non-solicitation agreements varies but is often tied to a specific time frame after the termination of employment, ranging from several months to a few years. Typically, courts start to question the reasonableness of a non-solicitation agreement if it lasts more than 2 to 3 years.