Hawaii Non-Solicitation Agreement

A Hawaii non-solicitation agreement is a contract that prohibits an employee from "poaching" a company's clients, personnel, or contractors after leaving the position. Typically signed as part of the onboarding process or as part of a severance package, a non-solicitation agreement is intended to protect a business from its competitors.

Updated June 20, 2024

Is It Legally Enforceable in Hawaii?

Yes. A non-solicitation agreement is enforceable in Hawaii if the restrictions are reasonable.^[1]

However, non-solicitation agreements are prohibited for employees of technology businesses.^[2]

Types of Solicitation to Prohibit

A non-solicitation agreement can restrict a former employee from soliciting the employer’s:

Employees
Clients or customers
Independent contractors
Other business affiliates

What to Include

What should you include in a non-solicitation agreement.

For a restrictive covenant to be considered reasonable in a court of law, it must generally include the following:

1. Time Restraint

The agreement must include a set timeframe that the restrictive terms would apply. Generally ranging from several months to a few years, it must be considered reasonable.