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.[1]
Types of Solicitation to Prohibit
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 to Include
A non-solicitation agreement must generally include limitations with regard to:
1. Time Restraint
This sets the length of time that the individual is bound to the terms of the agreement.
2. Geographical Restraint
The restrictions apply to a specific geographical area as stated in the agreement.
3. Specific Action
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