Is It Legally Enforceable in New York?

Yes — as long as the terms are considered reasonable under the following criteria:^[1]

The restrictions are necessary to protect the legitimate interests of the business or employer.
The agreement does not impart any unnecessary hardships on the seller or employee.
The agreement cannot cause any direct or indirect harm to the public.

Types of Solicitation to Prohibit

Given the terms of the non-solicit covenant are reasonable under the above criteria, a business can customize the agreement to restrict an individual from reaching out to its:

Former or current clients/customers
Former or current employees
Independent contractors
Suppliers, business associates, etc.

What to Include

In order to hold up in a New York court of law, a non-solicitation agreement should detail limitations with regard to:

1. Time Restraint

While New York does not have any statutes dictating a maximum duration allowed for restrictive covenants, it should be considered reasonable and fair in balancing the interests of the employer, employee, and the public.

2. Geographical Restraint

Typically, the geographical area where the individual is bound to the terms of the covenant is limited to the location or vicinity where the employer is based. It must be considered reasonable and fair.

3. Specific Action

This section defines exactly what the individual is prohibited from doing as part of the agreement. This can range from recruiting or hiring specific clients or employees to contacting any party associated with the employer with the intent of doing business.