Chelle Law offers non-solicitation agreement dispute resolution for Phoenix, Arizona professionals, businesses and entrepreneurs. Our firm offers legal services including attorney representation and litigation for employment contract disputes. An employment contract is an agreement that covers the employment relationship of a businesses and employees along with day-to-day responsibilities, policy and professional contacts. It allows the parties to clearly understand the terms of employment as well as their legal obligations contained in the employment contract based upon Arizona law. Our Phoenix Non Solicitation Agreement Lawyer approaches contract disputes and AZ law with our clients’ rights and expected outcome in mind. The Chelle Law firm will provide attorney representation for contract dispute services and associated practice areas including:
- Contract Disputes
- Breach of Contract
- Severance Pay Lawyer
- Non Disclosure Agreement Lawyer
- Confidentiality Agreement Lawyer
- Non Compete Agreement Lawyer
Phoenix Non Solicitation Agreement Basics
A non-solicitation agreement prohibits an employee from soliciting patients, employees, business associates or referral sources of the employer for a period of time. Unreasonable non solicitation agreements cause problems for an employee after their employment contract has been terminated and the post-employment non solicitation time period has begun. To clarify, a non solicitation agreement prevents the employee from soliciting business or sometimes hiring employees of the employer for a specific period of time in a specific area.
For instance, a physician may be prohibited from soliciting former patients or employees of their former practice for one year from the termination of the employment contract. The restrictions contained in non solicitation agreements must be reasonable or a court can find it unenforceable and not legal. Once you contact our law firm, we can assist employees in Phoenix, AZ with fighting an unreasonable non solicitation or negotiating with the employer to reach a settlement over the rights of the non solicit clause. Arizona law does allow the enforcement of non solicitation agreements. However, terms of the non-solicitation agreement can be enforced depending upon several factors including:
- Did the employee benefit from the non-solicitation clause in any way?
- Does the non-solicitation clause violate Arizona public policy?
- Is the non-solicitation agreement narrow in scope and does it protect the employer’s legitimate business interests?
- Whether the new agreement is reasonable in who the employee cannot solicit.
Non-Solicitation Lawyer Assistance
We review employment contracts prior to execution and determine whether it meets your needs and protects your ability to continue in your profession should the agreement be terminated. Our firm offers defense of claims that employees are in violation of a non-solicitation agreement in a new or existing employment contract. Many non-solicitation agreements reach far beyond the protection of a business’ legitimate business interests. Legitimate business interests include client/patient lists, practice policy, intellectual property rights and trade secrets.
A common defense of a non solicitation agreement violation is that the agreement is unreasonable in terms of duration and scope. Arizona courts take a more lenient approach when enforcing a non solicitation agreement versus a non compete agreement. Courts hold this view because a non-solicitation agreement only prevents the employee from soliciting patients, independent contractors and employees instead of completely prohibiting the employee from working in their profession. Another common argument is that the patient or employee initiated the contact.
Getting a Phoenix Contract Dispute Attorney
If you would like to set up a consultation with Chelle Law or want to learn more about our employment practice areas and the services our Phoenix Non Solicitation Agreement Lawyer provides, contact us today.