Maryland Non-Solicitation Agreement

Is It Legally Enforceable in Maryland?

Yes — if the agreement is attached to an employment contract and its limitations are necessary (within reason) to protect the employer’s business.

However, the agreement can’t create any unnecessary difficulties for the employee, either professionally or personally. It also can’t ignore how the limitations might affect the employee’s abilities to serve the general public, particularly if their skillset is highly specialized or uncommon.^[1]^[2]

Types of Solicitation to Prohibit

As long as the terms of the agreement abide by the state’s case laws, a non-solicitation agreement can prohibit an ex-employee from soliciting the employer’s:

Former or current clients and customers
Former or current employees
Independent contractors
Other business associates

What to Include

What should you include in a non-solicitation agreement.

In order to be enforceable in a Maryland court of law, a non-solicit covenant must be considered reasonable and necessary with regard to:

1. Time Restraint

The duration of the agreement determines how long the individual is bound to the terms of the covenant. While there is no maximum duration set by state law, it must be fair to the interests of the employer, employee, and the public.

2. Geographical Restraint

This section determines the area or location where the individual is prohibited from engaging in the named activities. Typically, the geographical scope is determined by where the employer is based.

3. Specific Action

The agreement should specify exactly what the individual is prohibited from doing within the time and geographical limit. This can range from soliciting particular parties associated with the employer or all customers and employees of the employer.