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Fl Solicitation: Customize, Finish and save

welcome everyone this is armored mush.talk from you council we're going to.talk about restrictive covenants in.employment contracts and in this lecture.we will cover specifically the.non-solicitation clauses now this is our.second lecture on this topic we have.previously posted a lecture which talks.about restrictive covenants in general.and then specifically deals with non.competition clauses so if you haven't.watched that lecture maybe it may be a.good idea to watch that one first before.you wash the non-solicitation because.some of the fundamental concepts are.covered in more detail in that lecture.we will talk about non solicitation.today and I will briefly talk about some.of the basic concepts as well again this.lecture is not legal advice.it is only for educational purposes so.if you have any specific questions.regarding your own issues you should.contact a lawyer or a paralegal or the.Law Society of Ontario for any referrals.what is the restrictive covenant it is a.clause in your employment contract that.limits the employees ability to do.something during or after employment.most of the time these clauses talk.about what you cannot do after your.employment ends whether you resign or.whether your employment is terminated.because what you cannot do during your.employment is generally covered by some.of the fundamental principles of your.employment relationship for example you.have an obligation to work in the best.interest of your employer and have you.have duty of loyalty and fidelity.towards your employer what are some of.the common restrictive covenants.non-competition we have a lecture on.that non-solicitation we'll talk about.that today confidentiality and if you.have any intellectual property issues.with respect to your employer there may.be some clauses with respect to you your.conduct regarding intellectual property.what is the non solicitation clause.non-solicitation Clause limits the.employees ability to solicit any of the.customers of the employer so that's sort.of one main area of non solicitation and.the second main area is it restricts the.employees ability to solicit.of the employees of your former employer.so those are the two areas that are.covered by non-solicitation clauses in.our previous lecture we had taken the.example of a dentistry practice will.continue that example today we had said.that imagine you were an employee of a.den you're a dentist you work for a.dentistry practice where there may be.other dentists employed as well you.don't own the business but you are just.an employee off that dentistry practice.now your employment is terminated or you.have resign and you have gone away and.and you for example in your scenario you.have started another business which is.in competition with your client but you.do have an on solicitation agreement.with your former employer so in that.situation your non-solicitation.agreement may limit your ability to.solicit business from the clients of.your previous employer or solicit any of.the employees you know maybe you like.the receptionist previous employer and.you want to offer her a better job and.better salary and you may not be able to.do that if you have non solicit.agreement with your former employer.similarly you may be you know familiar.with a dental hygienist or other.dentists that you want to attract to.your business and you may not be allowed.to do that so in most of the cases with.respect to you securing or safeguarding.the business interest of the employer if.an on solicitation clause is properly.drafted that is usually sufficient to.safeguard any of the business interest.of the employer from a departing.employee what are some of the underlying.principles of non-solicitation they are.somewhat similar to the principles in on.competition but what you want to keep in.mind is that courts prefer.non-solicitation clauses over.non-compete clauses and as I said.earlier in most cases courts believe.that if you are a business and you want.to protect your interest business.interest that could be sufficiently.achieved through non-solicitation cross.clauses as.opposed to a non-compete clause so a.court will prefer a non solicit clause.in an employment agreement and will.enforce it if it is properly drafted and.has a correct scope so court will.enforce the non solicit Clause if it is.properly drafted and the standard that.the court uses to determine whether an.on solicitation Clause is appropriate is.again reasonable standard reasonableness.is the similar standard that was used in.review of non competition clauses and.the same reasonable standard is used in.in the assessment of an on solicitation.clause also the court will look towards.the the wording of the clause to.determine whether the wording is clear.there's no ambiguity the clause is not.vague and then it is narrow it is it is.narrow enough that it protects the.interest of the business yet allows the.employee to earn his or her own living.through the means that the employee.wants to engage in what is the legal.framework of non-solicitation clauses.that the court adopts in reviewing and.determining whether a clause is.enforceable again it's similar to what's.a non competition the court would look.at the geographic limit and and and.closely review and determine whether the.geographic limit is appropriate or not a.court will look at the temporal limit we.have discussed both of these both of.these factors in our previous lecture.and on competition so you may want to.check that lecture if you have not.reviewed it again if the scope is too.broad then the court will throw the.Clause out if the temporal limit is to.you know it's too long or if there's no.temporal limit for example the clause.states that the non solicitation will.continue indefinitely then the court.will definitely throw that Clause out.and make it unenforceable.then it is important which is slightly.different than a non competition that.the acts the action that you are not to.do is solicitation so the clause should.be limited to the act of solicitation.solicitation is you reaching out to a.customer of your previous employer.you're reaching out to an employee of.previous employer.the solicitation part so the act should.be limited to non-solicitation you as an.employee should not be soliciting so.what that means is if a previous client.of your former employer finds out by his.own or her own means that you have.started your own business and wants to.pantsed wants to bring his or her.business to you then that's not.solicitation you are not doing anything.to solicit that business.so in that case accepting that business.will be fine and similarly if another.employee resigns and then it happens to.apply for a position in your.organization then that may not amount to.solicitation so it's the act of.solicitation that is that is prohibited.now also the court will closely monitor.the scope of the limitation so what.exactly is it that you're not allowed to.do so for example in case of dealing.with previous customers the the clause.may say that for a period of one year.you cannot solicit all of or any and all.of the customers of the of the former.employer but you know the company may be.very large and you may have only dealt.with you know a very small segment of.the customers and the other customers.you may not have dealt with them you.have no relation with them while you are.employed you did not know them directly.as part of your employment so is it fair.to limit your solicitation to all of the.customers that you may not even dealt.with or should it be limited to the.customers that you have dealt with and.also there could be another way of.limiting this is that to say that you.have to not solicit the customers that.you had dealt with personally over the.last one year of your employment or over.the last two years of employment so.there is further restriction to the act.of solicitation and the court may.closely look into the language and.determine what exactly is being.prohibited with respect to snore.solicitation and whether that.prohibition is reasonable to safeguard.the legitimate interest of the employer.or the company now let let me give you a.real example.I'll take you to a case that was.recently in 2016 decided by the court.and part of it dealt with the.non-solicitation clause let's go there.and then we will read it together so.that it will give you a real sense of.how the courts look into these.non-competition clauses so in this case.there was a non-story non-solicitation.clause so in this case there was a.non-solicitation clause and so the court.let's see how the court dealt with that.so here's the paragraph 18 by the way.this is on Canley website so you can you.can use this name and to search in kandy.and you can find this case so paragraph.18 says the covenant in the employment.agreement upon which Donaldson relies.reads as follows marry agrees that in.the event of termination or resignation.that she will not solicit or accept.business from any so this is important.and I'll talk about it so not solicit or.accept business from any corporate.accounts so any corporate account or.customers that are serviced by uni globe.Donaldson travel directly or indirectly.so it's a pretty seems like a pretty.broad restriction and and it doesn't.even have a temporal limit so how is the.court how has the court analyzed that.the court says it is noted that this.covenant contains neither a geographical.nor a temporal restriction on Murphy's.obligation so there's no geographical.limit there's no temporal limit and you.know most likely on that basis the court.will in itself throw out this clause and.not make it enforceable the court.further says it is also noted that the.obligation which the restrictive.covenant purports to place on Murphy.extends beyond an obligation not to.solicit corporate accounts or customers.that were and are serviced by Donaldson.to include an obligation not to accept.business from such a gala so customers.see so when I mentioned that the.obligation should be limited to not.solicit not that not to accept business.because business has a right to go.wherever it wants to go so if someone.comes and brings business to you because.they liked you or because they liked.your business because they like your.customer service they're entitled to do.that they are not stuck they're not.bound with your previous employer so if.someone brings your business you are.allowed to accept it it's the.solicitation part that you're not.allowed so when this clause.says that Mary was not allowed to.solicit or accept business that makes.the clause unenforceable it also.purports to extend the obligation not to.solicit or accept business of any nature.from corporate accounts and customers of.Donaldson's generally without.restricting them to corporate accounts.and customers which had been serviced by.Murphy during the course of her.employment with Donaldson or even which.were corporate accounts or customers of.Donaldson during her tenure so it so you.see how the court analyzes the specific.clause to figure out exactly what is the.nature of limitation and then whether.that limitation is reasonable or not and.in this case the court found that the.clause was not enforceable so this is.the case name that I mentioned Donaldson.traveling versus Murphy at all 2016.Ontario Superior Court seven-four-zero.you can put it in candy and you can get.this whole case and read it for your.interest what you want to remember is.that and on the non-solicitation clauses.will be enforceable if they are.reasonably drafted and properly drafted.so the court will enforce it and the.court believes that non-solicitation.clauses are sufficient in most of the.cases for the employer to protect its.interest and non competition clause may.not be necessary again the the word of.caution from the previous lecture as.well that when you are an employee and.when you are negotiating there's a type.of non it should be non solicit you.should take extreme care in negotiating.non-competition or non solicitation.clauses the first principle of.negotiation is whether you have the.leverage in that negotiation if the.employer is imposing an employment.contract on you and your position is.simply to take it or leave it.then obviously you don't have any room.to negotiate to begin with but again you.want to read the clause carefully to see.whether the clouds' Clause is drafted.properly or not and if the clause is too.broadly drafted are not properly drafted.and you believe that the clause may not.be enforced by the court then is it.worth it for you to raise that issue and.give the employer the opportunity to fix.the clause so that it could be.enforceable if challenged in court so.some of the things to consider and I.hope this gives you a sense of how.solicitation clauses work we'll talk.about confidentiality in other clauses.and our future lectures thank you for.watching.

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Fl Solicitation FAQs

Notice answers to questions about Fl Solicitation. Find out the most welcome topics and more.

Need help? Contact support

How do I fill out a CLAT 2019 application form?

How do I fill out the college preference form of the CLAT 2019? If you are AIR 1 and eligible for admission to all 21 NLUs, which one would you prefer? That is your first choice. Your first choice is not available. Out of the remaining 20, you are eligible for all 20. Which one will you prefer? That is your second choice. Your second choice is not available. Out of the remaining 19, you are eligible for all 19. Which one will you prefer? That is your third choice. Repeat the process till you have ranked all 21 NLUs. All the best.

How do I fill out the NEET 2019 application form?

Though the procedure is same as last earlier only the dates has been changed (tentative) yet to be announced by cbse u can fill form in October for the exam of February and in March for the exam of may if u r not satisfied with ur previous performance. All the best

How can I fill out the COMEDK 2019 application form?

Go to homepage of COMEDK go to www. Comedk. org. in. then go register and after getting registered u will get a application number then u can proceed in the application form.

How can I fill out the BITSAT Application Form 2019?

Hi dear First You have To sign Up Registration On BITSAT official website, and then fill up all of requirement they have to Know after registration successfully you have to fill login detail on the official website to process application form for different course you have to become eligible , for more detail all about you can Click Here

How do I fill out the JEE Main 2019 exam application form?

Hi Folks. Since NTA is about to release the application forms for JEE Main exam to be conducted in the month of January 2019, many of you must be wondering how to fill the application form. As the application process is going to be online, it is advisable to all the aspirants to fill in your details and make the payment carefully. Keep your documents and required details beforehand so as to avoid any kind of delay later. Also, keep your scanned images of photograph and signature ready. All the best!!

Is soliciting illegal in Florida?

Tennessee is probably about the same level of crazy as Florida. The reason Florida has a crazy reputation is because it is the largest state with extremely transparent government reporting laws. Law enforcement officials in Florida are required to release more information about ongoing criminal investigations than is common in most other states. This allows the news media in Florida to collect the “juicy details” of odd crimes much more easily than in comparatively large states such as Texas or New York. Hence the “Florida Man” memes. @_FloridaMan Beguiles With the Hapless and Harebrained

What is the law on No Soliciting?

Although the state of CT does not have very clear laws regarding door to door solicitation, most towns and cities do. In most towns, you will need to get a permit, possibly registration for your vehicle, and go through a cursory personal background check. You should check each town's laws for solicitation, because people will not hesitate to call police--and in many cases will do this before they answer the door. CT is not very friendly to door to door solicitation. Many people have used it to distract a homeowner while a partner burgles the house. Others who sold things door to door never delivered on goods. You might be better off setting up a stationary display in a busy place (after getting your permit and whatever needed) and letting people come to you. You can place a small ad in one of the many free newspapers for a small cost. You have a better chance of reaching people who might be sympathetic to your cause that way. Here's an example of one town's laws, which were very similar to others I looked at: Town of West Hartford, CT Peddling and Soliciting Hope this is helpful.

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