Maine Non-Solicitation Agreement

Is It Legally Enforceable in Maine?

Yes. Non-solicitation agreements are enforceable only to the extent that they are reasonable and no broader than necessary to protect the business interests of the employer.^[1]

Non-solicitation agreements entered into after Sep. 18, 2019 may not prohibit one employer from soliciting another employer’s employees or former employees.^[2]^[3]

Types of Solicitation to Prohibit

In Maine, as long as it is reasonable, a non-solicitation covenant can prohibit an individual from soliciting the employer’s:

Former or current clients/customers
Former or current employees
Independent contractors
Other business relationships (e.g. associates, suppliers, etc.)

What to Include

What should you include in a non-solicitation agreement.

A non-solicitation covenant typically outlines the following sections:

1. Time Restraint

A restrictive covenant in Maine must have a reasonable duration that typically begins at the individual’s termination of employment. The length of time that the individual is prohibited from engaging in acts of solicitation must be deemed reasonable to protect the employer’s business interests.

2. Geographical Restraint

This section specifies the location or area where the individual is not allowed to engage. Typically, the geographical limit is based on where the employer is located.

3. Specific Action

This section outlines in detail exactly what the individual is prohibited from doing as part of the agreement. This can range from contacting specific customers or employees and defining what “soliciting” exactly entails.