Is It Legally Enforceable in Indiana?

Yes — if they are reasonable with respect to the employer, the employee, and the public interest.^[1]

Types of Solicitation to Prohibit

A non-solicitation agreement can restrict an individual from reaching out to the employer’s:

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

What to Include

What should you include in a non-solicitation agreement.

To hold up in a court of law, a non-solicitation agreement must include reasonable restrictions with regard to:

1. Time Restraint

A non-solicitation covenant must state the duration that the terms are effective for. Typically ranging from several months to a few years, the effective duration must be considered fair and reasonable to both parties — the employer and employee — as well as public interest.

2. Geographical Restraint

Similarly, the terms of the agreement must state the specific area or location where the employee is prohibited from engaging in the scope of restricted activities. The set geographical area must be considered reasonable.

3. Specific Action

Restricted activities in a non-solicitation agreement can range from prohibiting contact with a specific client or employee to prohibiting contact with all parties associated with the employer. The scope of the restrictions must be considered reasonable and fair to hold up in a court of law.