Questions & Answers
Ensuring that the employee will not approach the clients after leaving
I have a small company of 4 people. One of my oldest staff who has worked for 11 years is leaving. He handles 80% of my clients and work.
Without proof, I know he is going to open his firm. I don't want to harm him but I want to secure my clients. Is it legally okay for me to make him sign a contract that he cannot approach my clients in the near future?
If yes, then what will be the procedure?
Do I have to go to the notary to make this contract valid?
Dear questioner,
Thanks for contacting me online!
Since the employee has worked with you for the last 11 years and now you can not compel him to enter into a non-competitive clause agreement, still if he is willing, you can make him sign a non-competition agreement by which he will be confirming not to compete with you and not to canvass your existing clients.
If you have already prepared such an agreement, we can help you with reviewing or modifying it and if it is not yet prepared, we can help you with drafting one.
As it is an agreement between you two, it cannot be notarized, but both of you can sign it.
Hope my answer is clear to you.
Please contact me via phone if you need any further clarification and assistance in this.
Regards,
Anitha Rajeev.
