Some legal proceedings have arisen on the former employee`s side. In a Massachusetts case in 2012, a new employer announced on Facebook the name of a person who entered his company and some of his clients responded. The court stated that, because there was no direct request from the customers, the agreement had not been violated. The court issued a referral order on the basis of the non-formal notice clause. It found that if the injunction was not issued, the stress crest would suffer irreparable damage. Mr. H.`s knowledge of proprietary and confidential information about Stress-Crete`s business processes and distribution activities could be exploited by Cyclone or a competitor and would create an unfair competitive advantage that would significantly compromise Stress-Crete`s operations. The injury could not be repaired by support, so an injunction was appropriate. The agreement also contained a non-invitation clause preventing Mr. H. from entering into a two-year contract with “any person, company, company or government agency who was a customer of [Stress-Crete] of [Stress-Crete] at any time during his employment.” There is also a need to set a reasonable period of time to make the agreement applicable. Other recommendations from the Society for Human Resource Management include training new staff on what constitutes a violation of the non-invitation agreement and what is not.
On the other hand, the two-year opt-out clause was found to be enforceable. It was reasonable, clear and consistent with general industry standards. The Tribunal also found that where a non-invitation provision is limited to the employer`s clients or clients, a geographic boundary is irrelevant and is not necessary. As expected, companies then use non-demand agreements with employees who often interact with customers, customers and employees. For example, a doctor`s administrative assistant would have a long and confidential client list, and a salesperson working for a company that sells to other companies would have personal relationships with each client.