Breach of Non-Solicitation

Orlando Non-Solicitation Attorney

A non-solicitation agreement is very similar to a non-compete agreement.  As an Orlando non-solicitation attorney will tell you, however, it’s geared more toward salespeople and others in an organization who develop close ties with large numbers of clients through clients lists, spreadsheets and the like.  When these salespeople or employees leave an organization, they could take the client lists, spreadsheets and the like with them to use for a competitor or to start their own business.  

To stop this from happening, your Orlando non-solicitation attorney could draft up an agreement stating that, for example, for 2 years after the person leaves the company’s employment, they may not contact or attempt to contact any current or former customers or clients of the business for any reason related to soliciting them for a competing business.  

An enforceable non-solicitation agreement:  

  1. Must be in writing and signed;  
  2. Must be reasonable in length of time; 
  3. Must cover a reasonable area;  
  4. Must cover a reasonably limited area of business 
  5. The non-solicitation agreement also must protect a legitimate business interest, which may include the following:
  • Trade secrets 
  • Confidential business or professional information—  
  • Substantial relationships with specific customers, patients, or clients—This is the key provision for a non-solicitation agreement.    
  • Customer, patient, or client goodwill 
  • Extraordinary or specialized training.   

If your Orlando non-solicitation attorney can prove up that the employee had a “substantial relationship” with specific customers or clients, this would carry the day in proving a legitimate business interest to enforce a non-solicitation agreement.  Proving a breach of the non-solicitation agreement by your lawyer proves irreparable harm for purposes of proving up a case seeking a temporary or permanent injunction. 

How Long Is the Non-solicitation Agreement Enforceable?

The next step for a good non-solicitation attorney would be to limit the time period for which the non-solicitation agreement would be enforceable to a reasonable time period, some of which are given in the non-solicitation law itself:  

  • 6 Months to 2 Years—For when a “regular” salesperson/employee leaves the company. 
  • 1 Year to 3 Years—A former franchisee, distributor or dealer shuts down and stops doing business;  
  • 3 Years to 7 Years—The seller of a business or professional practice.

The statute also allows the court to award prevailing party attorney’s fees to a party either enforcing a non-solicitation agreement or challenging one and invalidates any contract term that limits the court’s jurisdiction to award attorney’s fees.

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Consult With an Experienced Orlando Non-solicitation Attorney

If you are involved in a dispute, consult with an experienced non-solicitation attorney in Orlando.  Contact The Spence Law Firm for a FREE confidential consultation about your non-solicitation case. 

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