A New Mexico non-solicitation agreement is a contract that establishes rules for soliciting customers, clients, contractors, or employees for competitive professional purposes. They can also set limitations to employees seeking new employment with direct competitors or sharing confidential and proprietary information. 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.
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 (Nichols v. Anderson, 92 P.2d 781, 783 (1939)).