Updated October 16, 2023
A New Mexico non-solicitation agreement is a contract that establishes rules for soliciting customers, clients, contractors, or employees for the purpose of competing with a former employer. They can also set limitations on employees seeking new employment with direct competitors. These contracts can exist between an employer and employee, the buyer and seller of a business, or business partners. The limitations must be specified to a specific time period, location, and scope of services.
Is It Legally Enforceable in New Mexico?
Yes — but only if the agreement is not executed with the intention of suppressing competition. It can only establish limited requirements that are necessary in order to protect a business’s interests, confidential information, and intellectual property.
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What Types of Solicitation Can Be Prohibited?
As long as the terms of the agreement can be proven necessary to protect the employer’s business interests, it can be used to restrict an individual from soliciting the employer’s:
- Former or current clients
- Former or current employees
- Independent contractors
- Suppliers and other associates
What Should Be Included in the Agreement?
A non-solicitation agreement must generally include limitations with regard to:
1. Duration
This sets the length of time that the individual is bound to the terms of the agreement.
2. Geographical Limit
The restrictions apply to a specific geographical area as stated in the agreement.
3. Restricted Activities
This section should define exactly what acts are prohibited as part of the agreement.
Related Forms
New Mexico Non-Compete Agreement
Download: PDF, MS Word, OpenDocument
New Mexico Non-Disclosure Agreement
Download: PDF, MS Word, OpenDocument