Skip to main content

Can a non-solicitation clause be enforced?

Provo, UT |

I worked for a captive insurance agent and earned commissions only. He would 10-99 me at the end of the year. I was let go in Sept. after four years for unknown reasons. I did not have a non-solicitation or non-compete agreement with him as my employer. However, I did have on with the captive company he worked for. It is a non-solicitation agreement. In the contract for appointment with the company it states that "Appointee IS NOT and employee or independent contractor of the Companies" and that I only work for the agent. I never recieved anything from the company other than the appointment to sell their products to the people that I solicited. It also says that the company shall have no obligation to compensate Appointee for services provided as an Appointee of Companies. My question is would the non-solicitation hold up in utah since I wasn't an employee of the company only that of the agent and he didn't require one?

Attorney Answers 1


  1. I would need a little more information to answer your question completely, however, it sounds as though you did not sign a non-solicitation agreement. While the laws concerning the enforceability of non-solicitation agreements varies from state to state, the general rule is that you have to have agreed to the non-solicitation in order for it to be enforceable. As with all contracts, there needs to be a “meeting of the minds”. It is possible that the non-solicitation agreement will not bind you.

    Peter J. Lamont, Esq. Law Offices of Peter J. Lamont 623 Lafayette Avenue, Suite 2, Hawthorne, NJ 07506 Phone: (973) 949-3770 Fax: (866) 603-0471 Toll Free: (855) NJLAW01 (855) 655-2901 www.peterlamontesq.com Additional Offices in Massapequa, NY, Monument, CO, San Juan, PR and affiliates throughout the country. PLEASE NOTE: The above statements are provided for informational purposes only and do not constitute legal advice. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. You should not act or rely on any information contained on this site without first seeking the advice of an attorney.

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics