Workers are changing jobs more often than ever before, and this can lead to friction with former employers. Companies can take it personally when an employee leaves, particularly when they opt to create a competitor nearby.

Non-solicitation agreements are used to prevent an individual from leaving a business and contacting their clients in an attempt to convince them to leave as well. However, the terms of these employment agreements can be unfair or even illegal in some cases. If you have been asked to sign this type of contract, you could benefit from a discussion with an Atlanta non-solicitation agreement lawyer.

What is a Non-Solicitation Agreement?

Not all non-solicitation agreements are exactly alike. They might share a similar purpose, but the terms both parties agree to depend largely on the employer’s goals.

A company might pursue a non-solicitation agreement in an effort to stop a worker from soliciting clients after they leave. These agreements are used whether that person starts their own business or is hired by a competitor.

These agreements are not only about poaching clients, however. Often, they also restrict an employee from soliciting co-workers from leaving to form a new business or join a competitor.

The Extent of the Agreement

State law will not permit employers to require unreasonable or overly broad terms in these contracts. An Atlanta non-solicitation agreement attorney can review the document and determine if it is likely to withstand scrutiny from a judge.

The first consideration is whether or not the agreement is reasonable. A judge determines the reasonableness of the contract based on a number of factors, starting with the length of the restrictions. There must be a set time limit, and geographic limitations are also important.

To be enforceable, these agreements will also need to further a legitimate business interest. Some examples include securing vital customer relationships, trade secrets, or other confidential information.

Ultimately, it is necessary to review the specific terms of an agreement to see if it is likely to be upheld in court. When these agreements are unreasonable, an attorney may be able to negotiate better terms.

What Happens During a Dispute?

It is not uncommon for non-solicitation agreements to eventually result in conflict or disputes. In most cases, they involve allegations that an employee violated the terms of the arrangement. A non-solicitation agreement attorney in Atlanta could help resolve these issues or protect an employee during litigation.

When an employer believes an individual has violated the terms of these agreements, they will formally notify them of the alleged breach. Often, this includes specific information regarding the allegations as well as details on the specific terms of the agreement that were supposedly violated.

It is not unusual for this type of contract to include terms related to mediation or arbitration. Instead of filing a lawsuit, a chosen mediator or arbitrator could be the correct venue for the dispute. When any of these options—or litigation—occurs, it is crucial to have the support of legal counsel.

Talk to an Atlanta Non-Solicitation Agreement Attorney Right Away

Before you agree to terms with your employer, it can benefit you to discuss your options with an Atlanta non-solicitation agreement lawyer. Their support is also vital in cases where a former employer alleged you violated the terms of the contract. Call as soon as possible to discuss your options.