Idaho Non-Solicitation Agreement

Is It Legally Enforceable in Idaho?

Yes. A key employee or independent contractor may enter into an agreement or covenant that protects the employer’s legitimate business interests and prohibits them from seeking work that is in direct competition with the employer’s business after termination.^[1]

Agreements may not:^[2]

Impose restrictions greater than necessary to protect a legitimate business interest
Be unduly harsh or restrictive to the employee
Be injurious to the public

Types of Solicitation to Prohibit

Under a non-solicitation agreement, an individual can be barred from reaching out to their employer’s:

Former or current employees
Former or current customers/clients
Independent contractors
Other business affiliates

What to Include

What should you include in a non-solicitation agreement.

In order to ensure that a non-solicitation covenant is enforceable in an Idaho court of law, the restrictions must be considered necessary with regard to:

1. Time Restraint

While Idaho statutes or case law do not specify the maximum duration allowed for a non-solicitation covenant, the set length of time specified in the agreement must be considered necessary to protect a legitimate business interest of the employer.

2. Geographical Restraint

The agreement must specify the location or geographical area where the individual is not allowed to engage in the restricted activities.

3. Specific Action

This section provides a detailed outline of what the individual is prohibited from doing, whether that’s soliciting any and all employees and clients or specific parties.