While an employer may use the agreement to place a non-solicitation restriction on all their staff or clients, Indiana courts generally view all-inclusive restrictions as overly broad.
- Statutes: N/A
- Legally Enforceable? Yes, non-solicitation agreements are enforceable in Indiana.
- Requirements: There are no statutory requirements for non-solicitation agreements, and they are examined by the courts in a similar manner as non-competes. Courts determine an agreement’s enforceability by its reasonableness and its necessity to protects a valid interest (Heraeus Med., LLC v. Zimmer, Inc., 135 N.E.3d 150 (Ind. 2019)).
- Agreements limited to parties with access to information that may pose a risk to the employer’s legitimate interest are generally considered reasonable.
- Agreements encompassing all of an employer’s employees or clients are considered often considered excessive.
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