What can make a non-solicitation agreement void?

UPDATED: Oct 2, 2022

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What can make a non-solicitation agreement void?

The employee agreement including the non-solicitation was signed by the
employee but not the employer. The employee never got a completed copy with
the employer signature. The non-solicitation includes things like announcing on
social media that you are working for another company for 24 months, any
verbiage on social media that would make anyone inquire as to any of your
activities personal or business.

Asked on September 18, 2019 under Employment Labor Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It would be void if the employer terminated the employee's employment other than "for cause" (i.e. not for wrondoing, like violation of company policy, fraud, unauthorized absenteeism, being drunk or impaired at work, etc.). Otherwise, non-solicitation agreements are generally enforced in the U.S. The lack of employer signature does not void it if the employer presented or provided the agreement to the employee; since the employer provided the agreement, its agreement to it is taken as given.

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