Is It Legally Enforceable in Washington D.C.?
Yes. While D.C. does not have a statute that specifically covers their enforceability, non-solicitation agreements are enforced on a case-by-case basis. To hold up in a court of law, a non-solicitation agreement must be deemed reasonable without violating public policy or restraining trade.
Types of Solicitation to Prohibit
If within reason, a non-solicitation covenant can restrict a former employee from seeking out the employer’s:
- Former or current customer base
- Former or current employees
- Independent contractors
- Suppliers, associates, etc.
What to Include
While not required by law in Washington D.C., it is generally recommended that a non-solicitation agreement include reasonable limitations on the following:
1. Time Restraint
The specified time period of the restrictive covenant, which may last from several months to several years, should be considered reasonable and not designed to restrain trade.
2. Geographical Restraint
This section specifies the location or area where the individual is bound to the restrictive terms.
3. Specific Action
It is recommended to provide clear definitions of “soliciting” — whether that includes all forms of contact or successfully recruiting — and exactly which parties are off-limits.
Related Forms
Washington D.C. Non-Compete Agreement
Download: PDF, MS Word, OpenDocument
Washington D.C. Non-Disclosure Agreement
Download: PDF, MS Word, OpenDocument