Los Angeles Non-Solicit Lawyer

Looking for the right Los Angeles Non-Solicit Lawyer?

Our Startups, Business  & Corporations practice is focused on helping business owners and entrepreneurs with a wide variety of business tasks.

A non-solicit or non-solicitation agreement is a request made of employees by management whereby they agree not to solicit other employees of the company regarding job opportunities. A non-solicitation agreement restricts someone from soliciting employees or customers of a business. In a common case, an employee who leaves a company agrees not to solicit other employees to work for him or her. For example, John leave Southern California Manufacturing and he wants to take Abby, his secretary with him. If he had signed a non-solicitation agreement, he would not be allowed to take her along. Non-solicitation agreements are common in professional practices, and in many cases the professional who is leaving is also restrained from soliciting clients, customers, or patients of the practice.

The major issue that arises is what constitutes “solicitation” under the agreement.  The answer is often, “it depends.” There are many factors that come into play when determining the legality of such conduct. For example, it is relevant whether:

  • The employee is under an employment contract
  • The employee is actually an independent contractor
  • The employee was induced to reach out to the former employee
  • If the employee is violating other provisions of his or her employment contract, such as client nonsolicitation clauses or confidentiality agreements

In California, whether a nonsolicitation clause is deemed enforceable depends on whether the employee has really used “trade secrets” to solicit other business.  If he or she has not, the court is unlikely to hold actions like announcing departures or similar kinds of actions to constitute “solicitation” of existing clients.

AXIS Legal Counsel to individuals and businesses involved in non-solicit disputes involving employees and employers.   If you need legal assistance regarding non-solicit agreements or anti-competition obligations and are seeking a Los Angeles Non-Solicit Lawyer, contact AXIS Legal Counsel  at (213) 403-0130 or  info@axislegalca.com for a confidential consultation.



Managing Attorney
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