Joe resigns from XYZ. He has an excellent administrative assistant, and he`s trying to ask him to come with him. If he has signed a non-invitation agreement, he may not be able to do so without risking legal action. This request to employees may also be necessary in the event of a sale of a business. Sharon sold her holistic health practices, and she tried to take her office manager. Same agreement: it`s an invitation. Sellers, personal service employees and brokers have a difficult situation when they leave a business. Registering a client list may be considered a violation of a non-invitation agreement, but not taking the list means not having customers. Unlike competition, non-invitation clauses are not required to contain a geographic area or apply only to certain types of products or services. In addition, non-demand does not prevent a former employee from working for a competitor, as a non-compete clause would.
For example, a former employee who has accepted a non-solicitation plan for a client could work for a competitor or start his own competing business, unless the worker tries to recruit clients from his former employer, with whom the worker was in contact during his previous employment. Non-demand agreements deal directly with the issue of indirect appeal by bringing the words „or indirectly” into the language of the treaty. Non-invitation clauses are used to prevent customer poaching or to induce other employees to leave their employer for a competitor to work for a competitor after the end of the contract (usually in the event of termination). In general, the courts maintain a non-formal notice provision that limits an employee to recruit or attempt to solicit client activities (including interested persons) during his or her employment, or to attempt to solicit business, in accordance with Georgian law, O.C.G.A. 13-8-53 (a)).4). The only way to test a non-formal notice agreement is to bring it to justice. The aggrieved party (the former employer or the new contractor) must start the case, which means getting a lawyer. In a restrictive contract, the signatory agrees not to obtain consideration from the other party. This usually means money, and it must be enough to be relatively equal to the money they give up (called „sufficient consideration”).
The most common problem with non-call agreements is that, if they are not „reasonable” (as defined on a case-by-case basis), they can be considered trade restrictions. In other words, the agreement inappropriately prevents someone from doing business. The consulting contracts also prohibited independent contractors from asking a Metis employee or contractor to terminate, among other things, their employment or any other contractual relationship with Metis during the term of the consulting contracts and subsequently for two years. Some companies are trying to ban indirect advertising, which could mean advertising or advertising. This restriction makes it almost impossible to apply for a new company without the risk of violating a non-formal notice agreement. This case reminds us that it is important for Virginia employers to be careful and thoughtful about the specific language used in their non-competitive, unpaid and other restrictive agreements and to ensure that the language is not broader than necessary to protect legitimate business interests. Of course, in this case, they were independent contractors and not collaborators. Had the defendants been employees who would have more than only participated in the discrete duties of their consulting contracts, the Tribunal would have tolerated a broader competitive inability provision.
Nevertheless, employers should ensure that restrictive alliances are devised in demanding language that cannot be interpreted hypothetically.