Updated October 16, 2023
A Louisiana non-solicitation agreement is a contract that bars an ex-employee from reaching out to customers, clients, other employees, or contractors that they worked with while at the company if the contact is made for their own benefit or on behalf of another company. This is intended to protect the company’s business from competitors who may take an unfair advantage by poaching valuable relationships.
Is It Legally Enforceable in Louisiana?
Yes. Non-solicitation agreements with employees are enforceable if they last for no more than two years. (§ 23:921(C))
However, no agreement may prevent an automobile salesman from selling automobiles (§ 23:921(I)).
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What Types of Solicitation Can Be Prohibited?
In Louisiana, an employer can use a non-solicitation agreement to restrict a former employee from reaching out to:
- Past and current clients
- Past and current employees
- Independent contractors
- Other business associates (e.g. supplier)
What Should Be Included in the Agreement?
A non-solicitation agreement is typically comprised of the following terms:
1. Duration
In Louisiana, a non-solicitation covenant for an employee can last for up to two years. The exact length of time that the agreement will be enforced should be listed in the agreement.
2. Geographical Limit
The specific area or location where the individual is prohibited from engaging in any restricted activity should be clearly stated.
3. Scope of Restricted Activities
This section states exactly what the individual is prohibited from doing, who they are not allowed to contact, and more.
Related Forms
Louisiana Non-Compete Agreement
Download: PDF, MS Word, OpenDocument
Louisiana Non-Disclosure Agreement
Download: PDF, MS Word, OpenDocument