Washington D.C. Non-Solicitation Agreement

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Updated December 07, 2022

Washington D.C. non-solicitation agreement is a contract between an employer and an employee that prevents the employee from stealing the employer’s customers or clients after the period of employment has ended. The agreement intends to protect the employer’s investment of time and energy into building a customer base and prevent competition from gaining an unfair advantage.

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.

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What Can a Non-Solicitation Agreement 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 Should a Non-Solicitation Agreement 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 Period

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 Limit

This section specifies the location or area where the individual is bound to the restrictive terms.

3. Prohibited Activities

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

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Washington D.C. Non-Disclosure Agreement

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