Updated October 16, 2023
A Wyoming non-solicitation agreement is a contract between an employer and an employee that restricts the employee from soliciting the employer’s customers or clients after finishing their period of employment. Similar to a non-disclosure or non-compete agreement, a non-solicitation agreement can be a stand-alone document or be included as a clause in an employment contract.
Is It Legally Enforceable in Wyoming?
Yes. While there is no state statute governing non-solicitation agreements, case law has determined that the contracts must protect the legitimate interests of the employer and be reasonable in terms of duration and geographical limitations.
What is considered “reasonable” is determined on a case-by-case basis. Enforceable agreements must not be contrary to public policy. (Hopper v. All Pet Animal Clinic, Inc. (1993))
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What Can a Non-Solicitation Agreement Prohibit?
If within reason, a non-solicit covenant in Wyoming can restrict an employee from soliciting the employer’s:
- Past or current clientele
- Past or current employees
- Independent contractors
- Suppliers and other business associates
What Should a Non-Solicitation Agreement Include?
In order to hold up in a Wyoming court of law, it is recommended that a non-solicitation agreement include reasonable restrictions on:
1. Duration
The time span of the agreement, which typically goes into effect when the employee’s job is terminated, should be specified.
2. Geographical Limit
The agreement should also determine the area or location where the restrictions apply. Typically, this is limited to the city, county, or region where the employer is based.
3. Scope of Restricted Activity
The restrictions imposed on the individual must be considered reasonable in order to protect the employer’s business interests.
Related Forms
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Wyoming Non-Disclosure Agreement
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