Is It Legally Enforceable in Wyoming?
Yes. While there is no state statute governing non-solicitation agreements, case law has determined that the contracts must protect the legitimate interests of the employer and be reasonable in terms of duration and geographical limitations.
What is considered “reasonable” is determined on a case-by-case basis. Enforceable agreements must not be contrary to public policy. (Hopper v. All Pet Animal Clinic, Inc. (1993))
Types of Solicitation to Prohibit
If within reason, a non-solicit covenant in Wyoming can restrict an employee from soliciting the employer’s:
- Past or current clientele
- Past or current employees
- Independent contractors
- Suppliers and other business associates
What to Include
In order to hold up in a Wyoming court of law, it is recommended that a non-solicitation agreement include reasonable restrictions on:
1. Time Restraint
The time span of the agreement, which typically goes into effect when the employee’s job is terminated, should be specified.
2. Geographical Restraint
The agreement should also determine the area or location where the restrictions apply. Typically, this is limited to the city, county, or region where the employer is based.
3. Specific Action
The restrictions imposed on the individual must be considered reasonable in order to protect the employer’s business interests.
Related Forms
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Wyoming Non-Disclosure Agreement
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