As an employer in New York, you may have heard about non-solicitation of employees agreements. This is a legal document that prohibits employees from soliciting or poaching other employees from your company. This agreement is an important tool to protect your business from losing valuable staff members and protect your investment in their training and development. Let`s take a closer look at non-solicitation of employees agreements in New York.
What is a Non-Solicitation of Employees Agreement?
A non-solicitation of employees agreement is a legal document that prohibits employees from soliciting or poaching other employees from your company. This agreement typically sets forth the specific terms and conditions that prevent employees from reaching out to other staff members in an attempt to lure them away from your business. Such agreements usually include a clause that explicitly forbids employees from soliciting your clients or customers too.
Are Non-Solicitation Agreements Legal in New York?
Yes, non-solicitation agreements are legal in New York. However, they must be drafted properly and must not be excessively broad. In New York, courts have consistently held that non-solicitation agreements are enforceable so long as they are reasonable in scope and duration. Specifically, when it comes to the duration of the agreement, New York courts have found that non-solicitation agreements that last for more than two years are generally considered unreasonable.
What are the Benefits of a Non-Solicitation Agreement?
A well-crafted non-solicitation agreement provides several benefits for employers. First and foremost, it protects your business from losing valuable employees to competitors. This is especially important given that your employees are often one of your most valuable assets. A non-solicitation agreement also ensures that your employees are not able to reveal confidential information about your business to competitors. This helps protect your intellectual property, trade secrets, and competitive advantages.
How to Draft a Non-Solicitation Agreement
When drafting a non-solicitation agreement, it`s important to work with an attorney who understands both employment law and the specific needs of your business. A good non-solicitation agreement should be tailored to your business and the particular industry you operate in. It should also be reasonable in scope and duration, and not overly restrictive so as to deter employees from signing it.
In conclusion, non-solicitation of employees agreements are a valuable tool for employers in New York. These agreements help protect your business from losing valuable employees and safeguard your intellectual property and competitive advantage. As an employer, it is important to work with an attorney who has experience in drafting non-solicitation agreements to ensure that your document is legally enforceable and tailored to your business needs.
