Is It Legally Enforceable in Kentucky?

Yes. Non-solicitation agreements are enforceable if they are only as restrictive as necessary to protect the interests of the employer, but not so restrictive that they interfere with the public interest or impose undue hardships on the employee.^[1]

Types of Solicitation to Prohibit

A non-solicitation agreement can be customized to restrict an ex-employee from contacting the employer’s:

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

What to Include

What should you include in a non-solicitation agreement.

In order to hold up in a Kentucky court of law, a non-solicitation covenant must include reasonable restrictions with regard to:

1. Time Restraint

While Kentucky case law does not state a maximum length of time that a restrictive covenant can be enforced, it must be considered reasonable and fair in balancing the interests of the employer, employee, and the public.

2. Geographical Restraint

The agreement must specify the exact area or location where the ex-employee is restricted from engaging in the prohibited activities. Similar to the time limit of the covenant, it must be considered necessary to protect the employer’s business while respecting the rights of the employee.

3. Specific Action

This section should detail exactly what the ex-employee is restricted from doing as part of the agreement. This can range from contacting specific parties associated with the employer to enacting a blanket ban on contacting any and all clients and employees of the employer.