How enforceable is a non-solicitation agreement?

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How enforceable is a non-solicitation agreement?

I am currently in the process of being hired at a salon that wants me to sign this agreement during my hiring process. This agreement will be in affect 18 months after I leave the salon. I want more information on this process. If I “technically” do not call, send out mailers, email etc, but they contact me, is that considered soliciting? Or if they find me via the web (Facebook, etc…)? Am I supposed to turn down clients if this were to happen? Really want to take this job, but nervous that if it’s not a great fit losing clients I have worked hard to get.

Asked on October 20, 2012 under Employment Labor Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country as well as in business "solicitation" occurs when one takes an active approach by trying to contact others to get business. If clients come to you on their own accord such is not per se solicitation.

You are not expected under the laws of all states to turn down business that seeks you out.


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