EMPLOYEE NON-SOLICITATION AGREEMENT
THIS AGREEMENT is made on [Date],
BETWEEN:
[Employer Name], a company organized and existing under the laws of [State/Country], with its principal place of business at [Employer Address] (“Employer”);
AND
[Employee Name], residing at [Employee Address] (“Employee”).
WHEREAS
- Employer is engaged in the business of [Description of Business];
- Employee is or will be employed by Employer in a position that may provide access to Employer’s employees, contractors, and sensitive business information;
- Employer desires to protect its legitimate business interests by restricting Employee’s ability to solicit Employer’s employees and contractors for a certain period after employment ends;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. DEFINITIONS
1.1 “Employee” means any individual who is or was employed by Employer during Employee’s employment and for [12] months after the termination of Employee’s employment.
1.2 “Contractor” means any individual or entity engaged by Employer as an independent contractor during Employee’s employment and for [12] months after the termination of Employee’s employment.
2. NON-SOLICITATION COVENANT
2.1 During Employee’s employment with Employer and for a period of [Non-Solicitation Period, e.g., 12 months] following the termination of Employee’s employment for any reason, Employee shall not, directly or indirectly:
a) Solicit, recruit, induce, or attempt to solicit, recruit, or induce any Employee or Contractor to leave the employment or engagement of Employer; or
b) Encourage any Employee or Contractor to terminate their relationship with Employer or accept employment or engagement with any other person or entity.
3. EXCEPTIONS
3.1 General advertisements or solicitations not specifically directed at Employer’s Employees or Contractors shall not be considered a violation of this Agreement.
3.2 This Agreement does not prohibit Employee from responding to unsolicited inquiries or applications initiated by Employees or Contractors of Employer.
4. TERM
4.1 This Agreement shall become effective as of [Effective Date] and shall remain in effect for the duration of Employee’s employment and for [Non-Solicitation Period, e.g., 12 months] following termination of employment.
5. REMEDIES
5.1 Employee acknowledges that a breach of this Agreement may cause Employer irreparable harm for which monetary damages may be inadequate. Employer shall be entitled to seek injunctive relief and any other remedies available at law or in equity.
6. SEVERABILITY
6.1 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
7. GOVERNING LAW
7.1 This Agreement shall be governed by and construed in accordance with the laws of [Governing Law State/Country], without regard to its conflicts of law principles.
8. ENTIRE AGREEMENT
8.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings, whether written or oral.
8.2 Any amendment to this Agreement must be in writing and signed by both parties.
9. NOTICE
9.1 Any notice required or permitted to be given under this Agreement shall be in writing and delivered to the parties at their respective addresses stated above (or such other address as either party may specify in writing).
10. DISCLAIMER
This document is a template and may not be suitable for all situations. The parties should consult with legal counsel before signing this agreement.
SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Employee Non-Solicitation Agreement as of the date first written above.
EMPLOYER:
Name: ___________________________
Title: ___________________________
Signature: _______________________
Date: ___________________________
EMPLOYEE:
Name: ___________________________
Signature: _______________________
Date: ___________________________
