Wisconsin Non-Solicitation Agreement

Is It Legally Enforceable in Wisconsin?

Yes. Non-solicitation agreements are enforceable in Wisconsin as long as they are reasonable. Any restrictive post-employment contract, per state law, must be necessary for the protection of the employer’s business.^[1]

This means that a non-solicitation agreement must not impose unfair time restrictions, geographic restrictions, or negative impact on the employee or on public policy.^[2]

Types of Solicitation to Prohibit

As long as the terms fall within reason, a non-solicit covenant can restrict a former employee from soliciting the employer’s:

Clients and customers
Employees
Independent contractors
Suppliers
Other business relationships

What to Include

What should you include in a non-solicitation agreement.

Under Wisconsin statute and case law, a non-solicitation agreement should include reasonable restrictions on the following:

1. Time Restraint

The duration of the agreement, which typically begins at the termination of employment, should be considered necessary for the protection of the employer’s business interests.

2. Geographical Restraint

The agreement should define the geographical area wherein the individual is bound to the restrictive terms. Typically, this is limited to the city, county, or region where the employer is based.

3. Specific Action

This section should define what “soliciting” entails and to whom the individual is prohibited from reaching out. The restrictions should balance the interests of the business and the rights of the employee.