It is in Company A's best interest to make sure that Lisa's knowledge and skills stay with the company. If Mary signed a non-solicitation agreement when she started to work for Company A, she would not be able to take Lisa with her without the possibility of a lawsuit from the company.
For example, if Mary worked for Company A and left to start her own company, she might want to take Lisa with her, a skilled and knowledgeable associate that Mary probably gets along with and thinks would make a good addition to her team. If that is the case, they would want to protect that investment by prohibiting former employees from taking other employees with them when they go to work for a competitor or start their own business. Good employees are not always easy to come by and a company may have invested a fair amount of time and money into finding and training their employees. Non-solicitation agreements can also extend to soliciting other employees. Non-solicitation agreements are added to employment agreements to prevent just this sort of thing from happening and harming the employer. Therefore, the easiest solution is for the employee to take customers from her former employer with whom she already has a relationship. It can also be difficult for a new company to attract new customers when it has no history of business, no resume, so to speak. It is very difficult for a new company to make any money without customers. Furthermore, it is becoming increasingly common for employees to leave their jobs in order to start their own company. In the event that an employee goes to work for a competitor, the company will want to make sure that the employee does not continue to solicit its clients or customers. Non-solicitation agreements most commonly extend to customers, clients, and patients of the company.
Our Chicago non-solicitation agreement litigation lawyers are familiar with how these documents operate. A non-solicitation agreement may prevent an employee from taking customers/clients, employees, or both. Non-solicitation agreements are provisions in employment agreements in which, in the event that the employee leaves the company, she does not take any valuable customers or employees with her.
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