Updated October 16, 2023
An Alaska non-solicitation agreement is a contract between a company and an employee that prohibits the employee from obtaining the company’s customers, clients, employees, and contractors in order to compete. The purpose of the agreement is to protect the company from any employee using the resources of the employer for their own benefit.
Is It Legally Enforceable in Alaska?
Yes — it is legally enforceable if the agreement does not prohibit the employee from practicing their specialty (Metcalfe Investments, Inc. v. Garrison (1996)).
Table of Contents |
What Types of Solicitation Can Be Prohibited?
In Alaska, a non-solicitation agreement can prohibit an employee from soliciting:
-
Former or Current Employees
The individual is prohibited from engaging with any former or current employees, contractors, affiliates, and similar parties of the employer under which a business relationship has been created.
-
Former or Current Customers
The individual is prohibited from engaging with any former or current customers, clients, and similar parties of the employer under which a business relationship has been created.
What Should Be Included in the Agreement?
1. Time Restraint
The non-solicitation covenant should be restricted to a specific timeframe, generally ranging from six months to two years after termination of employment.
2. Geographical Restraint
The terms of the non-solicitation agreement should apply to a specific area or location that is deemed reasonable.
3. Specific Action
The agreement should specify the actions that the individual is prohibited from engaging in.
Related Forms
Download: PDF, MS Word, OpenDocument
Alaska Non-Disclosure Agreement
Download: PDF, MS Word, OpenDocument