How enforceable is a non-solicitation agreement?

UPDATED: Oct 20, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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