A Maine non-solicitation agreement is a contract between an employer and an employee that prevents the employee from contacting clients, customers, employees, or contractors after leaving the company. Because courts are hesitant to enforce agreements that limit employees after they have left a company, non-solicitation may not be justified solely on the basis of preventing competition. Instead, they should achieve some other interest, such as helping protect company investments.
Legally Enforceable in Maine?
Yes, non-solicitation agreements are enforceable only to they extent they are reasonable and no broader than necessary to protect the business interests of the employer. Chapman Drake v. Harrington, 545 A.2d 645, 647 (Me. 1988). Non-solicitation agreements entered into after Sept. 18, 2019 may not prohibit one employer from soliciting another employer’s employees or former employees. 26 M.R.S.A. § 599-A(7), 26 M.R.S.A. § 599-B.