An Alaska non-solicitation agreement is a contract that prevents an employee from competing with their employer by poaching valuable employees or clients. The form binds employees both during and after their time with the company. It is used by entities that:
- Rely on maintaining strong client relationships. Companies can prevent departing employees from conducting business with clients they met during their time with the company.
- Employ highly-trained employees. Should a business provide specialized, valuable training to certain employees, they can prevent faculty that regularly interact with said employees from quitting and recruiting them to a new company.
Non-solicitation agreements fall under the umbrella of restrictive contracts, which, along with non-compete and non-disclosure agreements, dictate how employees can work post-employment. In Alaska, non-solicitation agreements are valid so long they are drafted for a specific reason and do not unnecessarily restrict an employee’s ability to earn a living.
- Statutes: None.
- Legally Enforceable? Yes.
- Requirements / Exceptions: As established by Metcalfe Investments, Inc v. Garrison, non-solicitation agreements:
- Cannot be exceptionally broad or burdensome on the recipient.
- Should only be used if the bound employee will have direct access to confidential customers lists or key employees.
- Cannot be drafted to the point the employee cannot engage in their specialty post-employment.