Are eSignatures legally valid?

Yes. Electronic signatures are legally valid for most contracts under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided intent, consent, attribution, and retention requirements are met.

Do I need a notary or witnesses?

Non-solicit agreements typically do not require notarization or witnesses to be enforceable, but specific state requirements or parallel documents (e.g., deeds, powers of attorney) may. Consult counsel for high-risk matters.

What makes a clause unenforceable?

Overbroad geographic scope, excessive duration, or vague prohibited activities can lead courts to refuse enforcement or to blue-pencil terms; tailor provisions to legitimate business interests.

How should I authenticate signers?

Use at least email verification or SMS code for attribution; stronger methods (KBA or government ID) may be advisable for sensitive roles or high-risk signings.

Can an employee revoke consent to e-signing?

For consumer-facing or benefits-related records, ESIGN requires disclosures and an ability to withdraw consent; for employment agreements, ensure any consumer-disclosure rules do not apply and document consent.

What if the employee used a different name?

Mismatched signer names can complicate enforcement; ensure the signature block includes printed name and any known aliases, and retain ID verification when appropriate.

Electronic Signature
Templates
HR
Employee Non Soliciting Agreement

Employee Non Soliciting Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

EMPLOYEE NON-SOLICITING AGREEMENT

This Employee Non-Soliciting Agreement (the Agreement) is made and entered into as of by and between Employer Name: and Employee Name: .

Personal Information

Full Legal Name Address Telephone Email

Position Information

Job Title Department Reporting Manager Start Date Salary / Compensation

Employment History

Most Recent Employer

Prior Employer

Education

Highest Degree Institution Graduation Date

References

Reference 1

Reference 2

Reference 3

Legal Disclosures

At-Will Employment: The parties acknowledge that unless otherwise expressly agreed in a separate written agreement signed by an authorized representative of Employer, Employee's employment is at-will and may be terminated by either party at any time, with or without cause or notice. This Agreement does not alter the at-will status except to the extent expressly set forth herein.

Equal Opportunity: Employer is an equal opportunity employer. Employer does not discriminate on the basis of age, race, color, religion, sex, national origin, disability, genetic information, or other protected characteristic under applicable law.

Non-Solicitation Covenants

1. Definitions. For purposes of this Agreement, "Customer" means any person, business, or entity with whom Employer had material business dealings during the twelve (12) months preceding the termination of Employee's employment and with whom Employee had direct contact or about whom Employee acquired Confidential Information while employed.

2. Non-Solicitation of Customers. During the period beginning on the date of termination of Employee's employment and continuing for following termination, Employee shall not, directly or indirectly, solicit, attempt to solicit, or accept business from any Customer of Employer for the purpose of providing products or services that are competitive with those provided by Employer.

3. Non-Solicitation of Employees. During the period beginning on the date of termination of Employee's employment and continuing for following termination, Employee shall not, directly or indirectly, solicit, recruit, induce, or attempt to induce any person employed or engaged by Employer at the time of termination to terminate their employment or engagement with Employer.

4. Geographic Scope. The restrictions in Sections 2 and 3 shall apply within the following geographic scope: .

5. Exceptions. The non-solicitation obligations shall not prohibit Employee from responding to general advertisements or solicitations not specifically targeted at Employer's Customers or Employees, or from engaging customers or employees who independently seek out Employee without any direct or indirect solicitation by Employee.

6. Consideration. Employee acknowledges receipt of valuable consideration in exchange for the covenants contained herein, including continued employment, access to Confidential Information, and other benefits. If necessary, the parties agree that additional consideration shall be specified as: .

7. Remedies. Employee acknowledges that a breach of this Agreement would cause Employer irreparable harm for which monetary damages alone would be inadequate. Employer shall be entitled, in addition to other remedies, to injunctive relief, specific performance, and recovery of attorneys' fees and costs incurred in enforcing this Agreement.

8. Confidentiality. Employee shall not disclose or use Employer's confidential, proprietary, or trade secret information except in the performance of Employee's duties. The obligations of this paragraph survive termination of employment.

9. Severability. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be reformed to the minimum extent necessary to make it valid and enforceable; if reformation is not possible, that provision shall be severed and the remainder of the Agreement shall remain in full force and effect.

10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state specified for governing law: without regard to conflict of laws principles.

11. Return of Property. Employee shall promptly return all Employer property, documents, records, and confidential materials upon termination of employment.

12. Survival. The covenants, restrictions, and obligations in this Agreement that by their nature should survive termination of employment shall so survive.

13. Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements. Any amendment must be in writing signed by both parties.

Authorization & Certifications

Applicant Certification: I certify that all information provided in this Agreement and the accompanying employment records is true and complete to the best of my knowledge. I understand that any misrepresentation, omission, or falsification may result in disciplinary action up to and including termination.

Authorization to Contact and Background Checks: I authorize Employer to contact prior employers, references, and educational institutions and to obtain background checks, credit reports where job-related, and other investigative reports as permitted by law. I understand that such information may be used to evaluate my suitability for employment and for enforcement of this Agreement.

Consent to Background Check

I consent to background checks and authorizations as described above.

Notices

All notices under this Agreement shall be in writing and delivered to the addresses below by hand, certified mail, or nationally recognized courier service. Employer address for notices:

Employee address for notices:

Acknowledgment

By signing below, Employee acknowledges that Employee has read, understands, and agrees to be bound by the terms and conditions of this Agreement, including the non-solicitation covenants and remedies for breach.

Employer Name:

By:

Date:

Employee Name:

Signature:

Date:

What an Employee Non Soliciting Agreement Is

An Employee Non Soliciting Agreement is a written contract between an employer and an employee that restricts the employee from soliciting the employer's clients, customers, or employees for a defined period after termination. It defines prohibited solicitation activities, sets temporal and geographic limits where appropriate, and describes remedies for breaches. These agreements are typically paired with consideration such as continued employment, bonus payment, or access to confidential information and should be tailored to be reasonable in scope to increase enforceability under U.S. contract law.

Why employers and employees rely on this agreement

A clear Employee Non Soliciting Agreement helps protect business relationships and trade secrets while setting predictable expectations for departing staff. When properly drafted and supported by consideration, courts generally evaluate reasonableness rather than blanket prohibitions; electronic execution is permitted under the ESIGN Act (15 U.S.C. ch. 96) and most states’ UETA frameworks.

Typical users and signers

Organizations and individuals across HR, legal, and operations commonly use these agreements to protect customer lists, teams, and confidential business relationships.

Human resources teams that onboard and separate employees and maintain personnel records.
Employers and managers negotiating employment terms with exempt or sales personnel.
Employees, contractors, or consultants who receive client access or confidential materials.

Use and enforcement practices differ by role and by jurisdiction; involve legal counsel for high-risk hires or complex client portfolios.

Core elements to include for clarity and enforceability

A professional Employee Non Soliciting Agreement contains limited, specific clauses that balance employer protection with reasonableness to improve enforceability in U.S. courts.

Restricted Activities

Define exactly which solicitation behaviors are prohibited (clients, customers, employees, vendors) and whether passive contact is included.

Duration

Specify a clear time period for the restriction; shorter, tailored durations are more likely to be upheld by courts.

Geographic Scope

Limit geographic reach to the employer’s legitimate market area; overly broad territorial limits risk invalidation.

Consideration

State the specific consideration exchanged (employment, bonus, severance) to satisfy contract formation requirements.

Confidentiality Link

Reference any related confidentiality or trade-secret clauses that justify the non-solicit obligation.

Remedies

Describe available remedies (injunctive relief, damages, attorneys’ fees) and any dispute-resolution mechanism.

How to prepare and execute the agreement, step by step

Follow a consistent sequence to draft, review, and complete the Employee Non Soliciting Agreement to reduce legal and operational risk.

01

Draft: Create a targeted draft that identifies protected relationships and reasonable limits.
02

Review: Have in-house counsel or outside counsel assess enforceability and state-specific limits.
03

Obtain Consideration: Document the consideration supporting the promise, including timing and amounts.
04

Execute: Sign, date, and retain executed copies; consider electronic signature for efficient tracking.

Setting up an online signing workflow

Configure fields, signer order, and authentication settings to maintain a clear audit trail and meet legal requirements for electronic execution.

Field	Configuration
Signature Field	Required; include date and printed name fields
Signer Order	Employer then employee to ensure final acceptance
Authentication	Email verification or SMS code for signer attribution
Retention	Enable audit trail and store execution certificate

Electronic execution and platform considerations

When eSigning, choose a platform that captures signer attribution, timestamps, and an audit trail to support enforceability.

Authentication Methods: Email, SMS code, or stronger verification
Audit Trail: IP address, timestamp, and action log
File Formats: PDF or DOCX with embedded signature log

Preserve signed records and export certificates in common formats to ensure the agreement can be reproduced for dispute resolution or regulatory review.

Where to send or file the completed agreement

Route executed agreements to HR, the employee file, and legal counsel; maintain a single authoritative copy under records retention rules.

HR Record: Store a signed copy in the employee personnel file.
Legal Counsel: Retain with contract repository for enforcement issues.
Finance: Record any consideration payments tied to the agreement.
Third-Party Storage: Use secure cloud storage with access controls and audit logs.

Key timing and notice requirements to track

Monitor dates that affect enforceability and performance, including effective date, restriction term, notice periods, and retention obligations.

Effective Date Entry:

Record the effective date as MM/DD/YYYY when the obligation begins.

Restriction Term:

Track when the non-solicit period expires to avoid accidental enforcement attempts.

Notice Requirements:

If contract requires written notice for enforcement, maintain proof of delivery.

Consideration Timing:

Document when any severance or bonus tied to the agreement is paid.

Retention Start:

Begin retention from execution date for recordkeeping requirements.

Consequences of a deficient or unenforceable agreement

Unenforceability: Court may invalidate oppressive restrictions

Litigation Costs: Defense and plaintiff legal fees

Injunction Risk: Court-ordered remedies or narrow injunctions

Damages Exposure: Monetary liability for breaches

Reputation Damage: Client relations harmed by enforcement attempts

Statutory Limits: State law may restrict or void certain clauses

Common drafting and execution errors to avoid

Overbroad geographic or temporal scope that a court may consider unreasonable and therefore unenforceable.
Failing to document consideration, especially in new-hire agreements where continued employment may not be sufficient.
Vague definitions of 'clients' or 'solicit' that make enforcement subjective and dispute-prone.
Not capturing a reliable execution record (no audit trail, missing signer attribution) when using electronic signatures.

Entry-level eSignature pricing and capability snapshot

Compare starting prices and basic capabilities among common eSignature vendors; signNow appears first for direct comparison of core features.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Real-world examples of digital agreement use

Organizations across sectors use electronic signing and centralized storage to execute and enforce employee non-solicit agreements efficiently.

Optica Ventures LLC

The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.

Example deployment improved turnaround for executed agreements.
Brian Fitzgibbons, COO, describes streamlined workflows that reduced cycle time and administrative back-and-forth while ensuring signed copies were centrally retained for enforcement review.

Xerox

airSlate SignNow provides us with the flexibility needed to get the right signatures on the right documents, in the right formats, based on our integration with NetSuite.

Integration drove consistent retention.
Kodi-Marie Evans, Director of NetSuite Operations, highlights reliable execution and storage that supported contract management and audit-readiness.

Who typically has authority to sign

HR Director

An HR Director or designee frequently executes employee-side acknowledgements and retains signed agreements in personnel files; their signature often confirms delivery, notice, and placement in company records for enforcement purposes.

Company Executive

A company CEO or authorized officer signs on behalf of the employer to bind corporate obligations and consideration terms; authority should be documented in corporate records to show signatory capacity.

FAQs and troubleshooting for execution and enforceability

Answers to common questions about signature methods, enforceability, and recordkeeping when using electronic or paper Employee Non Soliciting Agreements.

Need help? Contact support

Are eSignatures legally valid?
Yes. Electronic signatures are legally valid for most contracts under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided intent, consent, attribution, and retention requirements are met.
Do I need a notary or witnesses?
Non-solicit agreements typically do not require notarization or witnesses to be enforceable, but specific state requirements or parallel documents (e.g., deeds, powers of attorney) may. Consult counsel for high-risk matters.
What makes a clause unenforceable?
Overbroad geographic scope, excessive duration, or vague prohibited activities can lead courts to refuse enforcement or to blue-pencil terms; tailor provisions to legitimate business interests.
How should I authenticate signers?
Use at least email verification or SMS code for attribution; stronger methods (KBA or government ID) may be advisable for sensitive roles or high-risk signings.
Can an employee revoke consent to e-signing?
For consumer-facing or benefits-related records, ESIGN requires disclosures and an ability to withdraw consent; for employment agreements, ensure any consumer-disclosure rules do not apply and document consent.
What if the employee used a different name?
Mismatched signer names can complicate enforcement; ensure the signature block includes printed name and any known aliases, and retain ID verification when appropriate.

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