Is It Legally Enforceable in Minnesota?
Yes — but only if the agreement can be clearly proven necessary to protect business interests. The time limit, geographic area, and nature of the restrictions must be reasonable enough to not overburden an employee’s right to find new employment.
Types of Solicitation to Prohibit
If the terms of the non-solicit agreement are within reason, an employer can prohibit a former employee from associating with their:
- Clients and customers
- Employees
- Independent contractors
- Other business associates
What to Include
A non-solicitation covenant typically includes restrictions regarding the following:
1. Time Restraint
While Minnesota laws do not establish a maximum duration allowed for restrictive covenants, it must fall within reason and be proven necessary to protect the employer’s business interests.
2. Geographical Restraint
The agreement must specify where the individual is prohibited from engaging in the listed acts of solicitation.
3. Specific Action
The employer must define the scope of “solicitation” and whom the individual is prohibited from associating with as part of the agreement.
Related Forms
Minnesota Non-Compete Agreement
Download: PDF, MS Word, OpenDocument
Minnesota Non-Disclosure Agreement
Download: PDF, MS Word, OpenDocument