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Connecticut Non-Solicitation Agreement

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Connecticut Non-Solicitation Agreement

Updated October 16, 2023

A Connecticut non-solicitation agreement is a contract used by a company to prohibit an ex-employee from using the firm’s clients, employees, or contractors for their own benefit or on behalf of another entity. Non-solicitation agreements, when properly drafted, can help a company protect the efforts of its sales team and other divisions.

Is It Legally Enforceable in Connecticut?

Yes — non-solicitation agreements are enforceable in Connecticut if they are limited in time and scope, and are reasonably protective of the interests of the employer, the employee, and the public. (Scott v. General Iron and Welding Co., 368 A.2d 111, 114 (Conn. 1976))

Additionally, state statutes provide special rules for agreements involving physicians (§ 20-14p), security guards (§ 31-50a), and broadcast employees (§ 31-50b).

Table of Contents

What Types of Solicitation Can Be Prohibited?

In Connecticut, a non-solicitation agreement can prohibit an employee from soliciting:

  • Former or Current Employees 

In addition to barring the individual from engaging with any former or current employees, the agreement can also include contractors, affiliates, and similar parties of the employer.

  • Former or Current Customers

The individual can be prohibited from contacting any former or current customers, clients, and other similar business relationships of the employer.

What Should Be Included in the Agreement?

What should you include in a non-solicitation agreement.

1. Time Limit

The non-solicitation covenant should be restricted to a specific timeframe that can be considered reasonable in a court of law.

2. Geographical Restraint

The terms of the non-solicitation agreement should apply to a specific area or location that can be considered reasonable in a court of law.

3. Specific Action

The agreement should specify the scope of the actions that the individual is prohibited from engaging in, and these must also be considered reasonable for the agreement to stand up in court.

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