[UT] Would I be in violation of my non-compete agreement if a former client contacts me and wants to hire me?
July 31, 2025
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Here’s my assessment:
The terms in question appear too broad to be enforceable, so I wouldn’t worry too much.
Courts rarely enforce non-compete clauses unless:
- They are narrowly tailored in scope, geography, and time.
- They protect a legitimate business interest.
- A clause that severely restricts your ability to work is usually unenforceable, especially if the client reaches out to you voluntarily.
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I have a non-compete/solicitation document I signed and I want to know if a former client contacts me and wants to either hire or contract me, would I be in violation?
I understand your concern about the non-compete agreement.
Have you reviewed the specific terms and restrictions outlined in the document?
I have, but I want more information.
Could you provide some details on the nature of your previous work with this client and the scope of the non-compete agreement?
I was a consultant with the client before being laid off from the company.
Is there anything else the employment lawyer should know before I connect you? Rest assured they’ll be able to help with your non-compete agreement.
No.
Thank you for the information. To provide you with a precise legal perspective, I need to know:
Which state are you in? This is crucial as non-compete agreements are subject to state-specific laws.
I reside in Utah.
Thank you. In Utah, non-compete agreements are governed by specific statutes.
Here are some key points:
- Review the Terms: Check the language for scope, duration, and geographic limits. Utah typically requires these to be reasonable.
- Legitimate Business Interest: The agreement must protect trade secrets, confidential info, or significant client relationships.
- Voluntary Contact by Former Client: If the client contacts you voluntarily, it may not be a violation. But you need to verify this against the actual agreement wording.
- Utah Post-Employment Restrictions Act: Non-competes entered into after May 10, 2016, are usually limited to 1 year.
You can explore a template or resource here: Non-Compete Agreement Form
I still advise showing your agreement to a legal professional.
Hello and welcome. My name is Daniel, and I’ve been a licensed lawyer for over 21 years. I’m truly sorry you’re dealing with this and I’ll do my best to help.
To better understand your situation:
- What is your main concern right now?
- What result are you hoping to achieve?
Here’s my assessment:
The terms in question appear too broad to be enforceable, so I wouldn’t worry too much.
Courts rarely enforce non-compete clauses unless:
- They are narrowly tailored in scope, geography, and time.
- They protect a legitimate business interest.
- A clause that severely restricts your ability to work is usually unenforceable, especially if the client reaches out to you voluntarily.
I want to make sure everything is clear. Let me know if you need clarification.
