Consider asking new and existing employees to sign a non-solicitation agreement as a prerequisite for accepting a position at your company. These agreements stipulate that an employee cannot contact your company`s customers for a certain period of time after retirement, termination or dismissal. While such agreements don`t offer long-term protection from customer poaching, they will give you some time to block your customers in case the person who usually deals with them leaves the company. Non-poaching of customers. Similarly, an employer may want to prevent a former employee from recruiting customers to remove them from the company. This situation occurs in sales and also in professional practices, with customers or patients. The prohibitions on non-solicitation do not only apply to customers, patients and clients. This type of agreement could prevent former employees from communicating with current employees for business reasons. Finding, hiring and training qualified employees can take a lot of time and effort, so companies need to be able to protect this interest.
It is reasonable and common for an employer to protect its investment by preventing former employees from communicating with current employees through other business opportunities. The only way to test a non-solicitation agreement is to take it to court. The party who has suffered harm (the former employer or the new owner of the business) must start the case, which means they will have a lawyer. Burke, Warren recently represented a company that attempted to enforce a non-solicitation agreement against a former employee. The former employee left the company, founded his own company and actively courted customers of his former company. In court, Aaron Stanton and John Kobus, partners at Burke, showed Warren that the former employee violated his non-solicitation agreement and obtained an injunction that effectively shut down the former employee`s new business. You should never sign anything your employer gives you lightly. Some agreements are like End User License Agreements (EULAs), and the courts don`t expect you to read them in their entirety. Employer contracts are a different story, and it doesn`t matter how long they last. You can also find non-solicitation agreements buried in employee manuals, stock option and premium allocations, pension plans and elsewhere. If you sign your stack of new hiring documents when you start a new job, a non-solicitation agreement could be one of them.
Whether your employees steal office supplies, money, company secrets, data, or your real customers, you can prevent this theft with common sense. Common sense is that if you make things more difficult for people with more obstacles, because it becomes more difficult, it will immediately reduce the number of flights. So how do you make things more difficult? I will give you a few examples. If your employees steal office supplies, store the office supplies in a more visible place where there are a lot of people around. This action alone will cause many of your casual flyer employees to think twice before flying, as it will be easier for them to get caught and you will immediately reduce the theft. You can also emphasize punishment when you`re talking about company speeches or hiring employees, or in HR policies. This extra attention will also let people know that you are serious and will immediately prevent some people from flying. So think about how you can scare people by pointing out how big the penalty for theft is and how much they really gain from flying. This aspect of common sense could help them understand that what they are doing is wrong and doesn`t even bring them many benefits. If you really want to reduce employee theft, casually mention that you take it very seriously and take criminal action that could land them in jail. This will definitely make people think twice before flying.
Contract law is quite funny. You may think that you have to follow every clause of a contract when you sign it, but that`s not true. Unless otherwise agreed, a contract murder will never be legal, even if it is an actual contract signed by two people and a notary. Even if an employee signs a non-solicitation agreement, it may be impossible to enforce it. In California, a state Supreme Court decision rendered all solicitation prohibitions unenforceable except to protect trade secrets. The non-compete clause states that you cannot work for a competitor or set up a competing business for a certain period of time. The non-disclosure agreement states that you cannot talk about anything confidential that you encounter during your work. The difference between non-solicitation and non-disclosure is that non-disclosure is about sharing confidential information, while non-solicitation is about not using confidential information […].