Non-Solicitation Agreements in Maine After the 2019 Law
Maine's Statutory Protections
Maine enacted 26 M.R.S.A. Section 599-A in 2019, creating statutory requirements for non-compete agreements. While this law primarily targets non-competes, it introduces procedural protections that may apply to certain non-solicitation clauses, particularly when they are broad enough to restrict competition.
Key Provisions of the 2019 Law
- Notice requirement: Employers must provide written notice of any non-compete clause at least three business days before the employee starts work, or three business days before the agreement must be signed, whichever is earlier
- Low-wage worker protection: Non-compete agreements are unenforceable against workers earning at or below 400% of the federal poverty level
- Terminated employees: Maine law requires that a non-compete clause disclose whether it will be enforced if the employer terminates the employee without cause
How Courts Evaluate Non-Solicitation Clauses
Beyond the statutory provisions, Maine courts apply common law reasonableness principles:
- Legitimate business interest: The employer must protect customer relationships, goodwill, or confidential information
- Reasonable scope: Restrictions limited to customers the employee directly served or with whom they had meaningful contact
- Reasonable duration: One to two years is generally acceptable
- Employee impact: The restriction should not prevent the employee from making a living in their profession
Red Flags
- No advance written notice of the restriction before you started work
- The clause applies to you despite earning a low wage
- Restrictions covering all company customers, not just those you served
- No disclosure about enforcement following a termination without cause
- Duration exceeding two years without strong justification
When to Consult a Lawyer
Consider contacting a Maine employment attorney if you were not given proper advance notice of a non-solicitation restriction, if you earn near the statutory income threshold, or if you were terminated and are unsure whether the clause applies to your departure.
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.