Why Choose Us?

Mitchell, Sheahan & Slippen, P.C. helps businesses protect valuable customer relationships, confidential information, and competitive interests through carefully drafted employment agreements. Our team provides practical guidance for companies that need clear, enforceable non-solicitation agreements in Connecticut and New York.

  • Trusted employment law guidance for businesses and employers
  • Practical review of restrictive covenant agreements
  • Support with drafting, negotiation, and enforcement concerns
  • Local service from a Stratford, CT based firm
  • Representation for clients in Fairfield County, New Haven County, Greenwich, Danbury, White Plains, and New York

Non-solicitation agreements can help businesses protect customer relationships, vendor contacts, referral sources, and confidential business information when employees, contractors, or business partners move on. These agreements must be drafted carefully because overly broad restrictions may be difficult to enforce. Mitchell, Sheahan & Slippen, P.C. helps businesses create clear, reasonable agreements that support lawful business goals while reducing the risk of future disputes.

What Is a Non-Solicitation Agreement?

A non-solicitation agreement is a contract that limits a worker, contractor, or business partner from soliciting certain customers, clients, employees, vendors, or business contacts. These agreements are commonly used to protect relationships and confidential information developed through the company’s work.

Businesses often use non-solicitation agreements with:

  • Employees
  • Independent contractors
  • Consultants
  • Sales representatives
  • Executives and managers
  • Business partners
  • Joint venture participants
  • Vendors with customer access

A well-drafted agreement explains who is restricted, which contacts are protected, what conduct is prohibited, how long the restriction lasts, and what remedies may apply after a breach.

Why Do Businesses Use Non-Solicitation Agreements?

Businesses use non-solicitation agreements to reduce the risk that someone with inside access will take clients, employees, vendors, or business opportunities after leaving the company. These agreements can protect goodwill, confidential information, and customer relationships without fully preventing someone from working in the same industry.

A non-solicitation agreement may help protect:

  • Customer lists and client relationships
  • Sales pipelines and referral sources
  • Vendor relationships
  • Confidential pricing information
  • Employee relationships and workforce stability
  • Business development strategies
  • Proprietary relationship data
  • Long-term revenue opportunities

These agreements are especially important for businesses that rely on repeat customers, relationship-based sales, confidential pricing, or employees with direct client access.

Key Provisions of Nonsolicitation Agreements

A non-solicitation agreement will include several necessary provisions, including:

  • Restricted Parties – A non-solicitation agreement may specifically identify parties that an employee, contractor, or partner may not solicit for business or describe a category of parties covered by the agreement. 
  • Prohibited Activities – Non-solicitation agreements may specifically describe the types of activities that constitute solicitation in violation of the agreement, such as proactively contacting clients or customers; a non-solicitation agreement may not prohibit clients or customers from proactively contacting a former employee covered by the agreement. 
  • Duration and Geographic Scope – An employee’s non-solicitation agreement may preclude the employee from soliciting their employer’s customers for another business during their employment and for a specific period after their employment ends (such as one year after termination of employment for any reason). Non-solicitation agreements may also have geographic limitations, precluding employees or contractors from soliciting a company’s clients in a specific region. 

Are Non-Solicitation Agreements Enforceable in Connecticut and New York?

Non-solicitation agreements may be enforceable in Connecticut and New York when they are reasonable and tied to a legitimate business interest. Courts generally look at whether the agreement protects real business relationships without placing unnecessary limits on a person’s ability to work.

Important enforceability factors include:

  • Whether the restriction protects confidential information or customer goodwill
  • Whether the time period is reasonable
  • Whether the geographic scope is appropriate
  • Whether the agreement is limited to relevant customers or business contacts
  • Whether the restriction is fair to the worker or business partner
  • Whether enforcement would harm the public interest
  • Whether the agreement is broader than necessary

Overly broad agreements can create problems. For example, a restriction that covers every potential customer in an industry may be harder to defend than one focused on clients the employee actually served or learned about through confidential business information.

How Is a Non-Solicitation Agreement Different From a Non-Compete?

A non-solicitation agreement limits outreach to protected customers, employees, vendors, or business contacts. A non-compete limits where or for whom a person can work. Non-solicitation agreements are often narrower because they focus on protecting relationships rather than blocking employment.

Common differences include:

  • A non-solicitation agreement restricts client, customer, vendor, or employee outreach
  • A non-compete restricts certain competitive work
  • A non-solicitation agreement may allow the former worker to stay in the same industry
  • A non-compete may prevent work for a competitor in a defined role, place, or time period
  • A non-solicitation agreement is often linked to customer goodwill and confidential information
  • A non-compete may face closer scrutiny because it affects job mobility more directly

Many businesses use non-solicitation agreements with non-disclosure agreements because confidentiality protections and relationship protections often work together.

What Happens If Someone Breaches a Non-Solicitation Agreement?

If someone breaches a non-solicitation agreement, the business may be able to take legal action to stop the conduct and recover losses. The appropriate response depends on the agreement, the evidence, the harm caused, and the urgency of the situation.

How Can Mitchell, Sheahan & Slippen, P.C. Help With Non-Solicitation Agreements?

Mitchell, Sheahan & Slippen, P.C. helps businesses draft, review, revise, and address disputes involving non-solicitation agreements. Our team focuses on practical language that supports business goals while reducing unnecessary legal risk.

We assist businesses with:

  • Drafting non-solicitation agreements
  • Reviewing existing restrictive covenant agreements
  • Updating outdated or overly broad contract language
  • Advising on Connecticut and New York enforceability concerns
  • Coordinating non-solicitation terms with confidentiality agreements
  • Addressing employee, contractor, or partner departures
  • Responding to suspected breaches
  • Evaluating enforcement options
  • Resolving disputes through negotiation or litigation when needed

A strong agreement should be clear before a dispute happens. We help businesses build practical protections that reflect the company’s relationships, workforce, industry, and long-term goals.

Contact Our Stratford Employment Law Attorney Today

When your company needs to draft non-solicitation agreements with employees and contractors to protect your business interests, turn to an employment law attorney from Mitchell, Sheahan & Slippen, P.C., for advice and assistance. Contact our firm today for an initial consultation to learn more about non-solicitation agreements and discuss your business’s legal options.

Mitchell, Sheahan & Slippen, P.C., based in Stratford, CT, also serves clients in Fairfield County, New Haven County, Greenwich, Danbury, White Plains, and New York.

FAQs

Can a non-solicitation agreement stop a former employee from contacting customers?

It may stop a former employee from soliciting protected customers if the agreement is reasonable and enforceable. The exact answer depends on the contract language, the employee’s role, the contacts involved, and applicable law.

Is a non-solicitation agreement the same as a non-compete?

No. A non-solicitation agreement limits outreach to customers, employees, vendors, or business contacts. A non-compete limits certain competitive work. Non-solicitation agreements are often narrower than non-competes.

What should I do if a former employee violates a non-solicitation agreement?

Start by preserving evidence, including emails, texts, customer communications, sales records, and contract documents. Then speak with an employment law attorney about cease and desist letters, negotiation, injunctions, or other remedies.