Are you an employer in California looking to protect your business`s trade secrets and client relationships? One way to do so is through a non-solicitation of employees agreement.
What Is a California Non-Solicitation of Employees Agreement?
A non-solicitation of employees agreement is a contract that prevents an employee from soliciting other employees to leave the company. This can include a ban on recruiting, encouraging, or inducing other employees to resign or join a competitor.
Why Should Employers Use Non-Solicitation Agreements?
In California, non-compete agreements are generally unenforceable. However, non-solicitation agreements are still valid and enforceable if they are reasonable in scope and duration. By using a non-solicitation agreement, employers can protect their business`s confidential information, trade secrets, and client relationships.
How to Draft a California Non-Solicitation Agreement
To ensure the agreement is enforceable, it is important to work with an experienced attorney in California. The agreement should be tailored to your specific business needs and include:
1. The parties involved: Identify the employer and employee who are entering into the agreement.
2. The scope of the agreement: Define the scope of the agreement, such as the types of employees covered, the duration of the agreement, and the geographic area covered.
3. The prohibited conduct: Specify what conduct is prohibited, such as soliciting or recruiting other employees, interfering with the employer`s relationships with clients, or disclosing confidential information.
4. Consequences of breach: Detail the consequences of breach, such as injunctive relief and damages.
5. Severability: Include a severability clause stating that if any provision of the agreement is found to be unenforceable, the remainder of the agreement will remain in effect.
A non-solicitation of employees agreement can be an effective tool for employers in California to protect their business`s trade secrets and client relationships. It is important to work with a knowledgeable attorney to draft an agreement that is tailored to your specific business needs and is enforceable under California law.