What are the limitations to a non-compete and confidentiality agreement?

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What are the limitations to a non-compete and confidentiality agreement?

Can a company legally keep you from speaking to customers or employees? The item in the clause states, “I agree that I will have no further contact with anyone remotely associated with “the company.” This is to include, prospects contacted by me on behalf of “the company,” This will include but in not limited to, customer’s, customer’s employees, family of customers, prospects of the business, and staff of “the company.” I understand that if I violate this non-compete and confidentiality agreement, I will be subject to court action and subject to the highest monetary amount including damages allowed by law.

Asked on May 8, 2012 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, a clause in a separation or release agreement, or confidentiality or non-competition agreement, that you will not speak with customers, prospects, employees (or their respective families) is legal; the law does not prohibit such restrictions or limitations on contacts, so long as you in fact clearly agreed to same, such as by signing an agreement (i.e. they cannot be retroactively or unilaterally imposed on you without your consent).


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