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Nevada Non-Solicitation Agreement

A Nevada non-solicitation agreement is a contract that constrains the solicitation of a company's clients and personnel after an employee leaves the job. It usually establishes a period of time during which the former employee is legally prohibited from seeking out customers and fellow employees for their own services or for a new employer.
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Is It Legally Enforceable in Nevada?

Yes — a non-solicitation agreement is enforceable in Nevada stipulating that the former employee will not disclose business methods, confidential information, customer lists, secret formulas or processes, or trade secrets. (§ 613.200(4))

Types of Solicitation to Prohibit

An employer can use a non-solicit covenant to restrict an ex-employee from recruiting or soliciting the company’s:

  • Clients and customers
  • Employees
  • Independent contractors
  • Business associates

What to Include

What should you include in a non-solicitation agreement.

A non-solicitation agreement typically includes the following sections:

1. Time Restraint

A restrictive covenant typically goes into effect when the employee’s job is terminated. The agreement should specify an end date that would be considered reasonable.

2. Geographical Restraint

This section creates limitations on where the covenant is enforceable. Typically, the restricted area is where the employer is located.

3. Specific Action

The agreement should detail what activities are restricted as part of the covenant. This can range from soliciting specific parties to reaching out to any and all parties associated with the employer.

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