A non-solicitation agreement is a common contract clause that says if you work for a competitor, you won’t solicit any business clients, bring over any employees, or use any confidential information connected to your current job. A non-solicitation agreement is one of several clauses that often show up in employment contracts. They can also stand as unique contracts.
Others include non-compete agreements and non-disclosure or confidentiality agreements and the three together are sometimes called the restrictive covenants.
The difference between non-solicitation and non-disclosure is that non-disclosure is about sharing confidential information while non-solicitation is about not using confidential information.
As you might expect companies use non-solicitation agreements most often with employees who interact a lot with clients customers and employees.
These agreements exist to protect important employees and customer relationships.
If a leaving employee asks her friends to join her new company that’s solicitation and sometimes called poaching.
You can present a non-solicitation agreement to an employee at just about any time from before the job starts to the very last day.
The best time is before the job begins because at that point you can make signing it a condition to get the job.
The biggest legal problem with non-solicitation agreements is the unofficial right to work. Like the right to privacy it’s not an official part of the Bill of Rights but the point is that everyone has a right to work in a chosen profession.
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