Non-use clauses are generally more enforceable in court than non-competition clauses, since they are not considered trade restrictions (as is sometimes the case with competition agreements), but as restrictions that a former worker may apply to. However, like competition bans, non-applicable agreements can only be applicable if they are reasonable. What is considered appropriate varies from jurisdiction to jurisdiction and can be best determined by a competent lawyer in your respective jurisdictions. c. In some non-solicitation agreements, it says, “You cannot apply for or hire someone who worked in that company within 12 months of your hiring.” If that`s what your non-solicitation agreement says, is it important to identify who employs them, who has worked in the company for the past 12 months? In this case, if you work 12 months off, or 12 months for another company, then and only then you can go work for them. Don`t sign it. If you are a large manufacturer, you may be able to refuse to sign a non-appeal agreement. If you`re a trainee or a weak producer, you probably can`t openly refuse, but you can`t sign and hope the company won`t accept it. You`d be surprised how many unsigned contracts fall because of the loopholes.
The safest thing you can do if you are subject to an initiative agreement is to follow the reasoning of the Bankers Life case. Only send general messages or login requests via social networks, but note that it`s still not enough to protect yourself if you keep the general things. You should also protect yourself by observing what you sign before, during and after work. If you have contacts before launching an order, make sure they are not counted in a non-demand agreement. You should also warn your employer against other restrictive agreements you have signed. In return, your employer`s client list should never leave the workplace. This does not mean that a harshness imposed on a former employee by a non-appeal agreement is inappropriate or would not render the restrictive Confederation unenforceable. The courts have upheld the validity of non-invitation agreements that encourage a former employee to move to another city or state to work in the same field and avoid violating the agreement.