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Employee Non Solicitation Agreement
"I need an Employee Non-Solicitation Agreement for our Toronto-based tech startup that will apply to senior developers and tech leads, with a focus on protecting our engineering talent pool and including specific provisions for remote workers across Canada."
1. Parties: Identifies and defines the employer and employee parties to the agreement
2. Background: Establishes the context of the agreement and the business relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, particularly 'solicitation', 'employee', and other relevant terms
4. Non-Solicitation of Employees: Core provision prohibiting the solicitation of employees, including specific prohibited activities
5. Duration: Specifies the time period during which the non-solicitation obligations remain in effect
6. Geographic Scope: Defines the geographical boundaries within which the non-solicitation restrictions apply
7. Acknowledgment of Reasonableness: Employee's acknowledgment that the restrictions are reasonable and necessary to protect legitimate business interests
8. Remedies: Outlines the consequences of breach and available remedies, including injunctive relief
9. Severability: Provides that if any provision is found invalid, the remainder of the agreement remains enforceable
10. Governing Law: Specifies that Canadian law governs the agreement and identifies the applicable province
11. Entire Agreement: Confirms that this document represents the complete agreement between parties on this subject matter
1. Non-Solicitation of Customers: Additional provision prohibiting solicitation of customers, recommended when the employee has significant customer contact
2. Confidentiality: Additional provisions protecting confidential information, useful when not covered by a separate agreement
3. Return of Property: Requirements for returning company property upon termination, relevant for employees with access to sensitive materials
4. Independent Legal Advice: Acknowledgment that the employee had the opportunity to seek independent legal advice, recommended for senior employees
5. Survival: Specifies which provisions survive termination of employment, useful for complex agreements
6. Assignment: Addresses the ability to assign the agreement, important in case of corporate restructuring
7. Notice: Specifies how formal notices under the agreement must be given, useful for more formal business relationships
1. Schedule A - List of Restricted Employees: Defines specific categories or lists of employees who cannot be solicited
2. Schedule B - Specific Prohibited Activities: Detailed list of activities that constitute prohibited solicitation
3. Schedule C - Geographic Territories: Detailed description of geographic areas covered by the agreement
4. Appendix 1 - Acknowledgment Form: Form for employee to acknowledge understanding and acceptance of terms
Authors
Company
Confidential Information
Direct Solicitation
Effective Date
Employee
Employer
Group Companies
Indirect Solicitation
Parent Company
Prohibited Activities
Protected Employee
Related Entities
Restricted Period
Solicitation
Subsidiary
Territory
Termination Date
Business Day
Cause
Material Breach
Notice
Parties
Reasonable Consideration
Restrictive Period
Services
Recitals
Definitions
Non-Solicitation Obligations
Duration
Geographic Scope
Consideration
Reasonableness
Acknowledgments
Remedies
Injunctive Relief
Severability
Assignment
Waiver
Amendment
Notices
Governing Law
Jurisdiction
Entire Agreement
Counterparts
Survival
Independent Legal Advice
Confidentiality
Return of Property
Force Majeure
Interpretation
Technology
Professional Services
Financial Services
Healthcare
Manufacturing
Consulting
Telecommunications
Biotechnology
Real Estate
Retail
Education
Engineering
Marketing and Advertising
Human Resources
Legal
Executive Leadership
Sales
Business Development
Engineering
Product Development
Professional Services
Customer Success
Operations
Research and Development
Chief Executive Officer
Chief Human Resources Officer
Human Resources Director
Legal Counsel
Department Manager
Team Lead
Senior Developer
Account Executive
Sales Manager
Project Manager
Regional Director
Vice President
Department Head
Senior Consultant
Technical Lead
Principal Engineer
Senior Account Manager
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