A Wisconsin non-solicitation agreement restricts an employee from approaching the staff or clients of their employer for their gain. If challenged in court, the employer must prove that the contract is necessary to protect their legitimate business interests. A properly executed document will state the duration and area the conditions apply, though they must not be overly restrictive. Moreover, the agreement should also state the consideration the employee will receive in return for agreeing to the restrictive covenants.
- Statutes: § 103.465
- Legally Enforceable? Yes, provided that the restrictions are necessary to protect the employer and are reasonable.
- Requirements (Star Direct, Inc. v. Dal Pra, 319 Wis. 2d 274, 2009): The court will uphold non-solicitation agreements if they:
- Have fair time restrictions;
- Have reasonable geographic restraints;
- Are not overly harmful to the employee; and
- Do not go against public policy.
Related Forms (2)
Wisconsin Non-Compete Agreement – Restricts individuals from competing with a former employer, business partner, or company they sold.
Wisconsin Non-Disclosure Agreement – Employees who sign this contract agree not to reveal the sensitive information of their employer.