Blog Post

Feb 18, 2015

Non-Solicitation Covenant That Is Silent As To Its Scope May Be Unenforceable

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An employment agreement covenant prohibiting solicitation of co-employees, but not indicating what solicitations were prohibited, has been held to be invalid.
 
Status of the case.  A multi-count complaint filed in the D.C. District Court charged two former employees of the plaintiff with breaches of contract and tort violations.  The defendants moved to dismiss.   The court held that some of the eight counts stated causes of action, but one count the court did dismiss alleged that the defendants violated their covenant not to solicit the plaintiff’s employees.  The court held that the covenant was too vague to be enforceable because it did not specifically identify the solicitations that were impermissible.  Base One Technologies, Inc. v. Ali, Civ. Ac. No. 14-1520 (D.D.C., Jan. 20, 2015).
 
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