Non-Solicitation Clause
A non-solicitation clause restricts a departing employee, contractor, or party from soliciting a company's customers, clients, or employees for a defined period after the relationship ends. It is narrower than a non-compete, and courts in more states are willing to enforce it.
What it means
A non-solicitation clause protects a business's customer relationships and workforce without barring a former worker from competing outright. Customer non-solicits prevent poaching clients the worker served; employee non-solicits (anti-raiding) prevent recruiting former colleagues. Because they restrain less than a full non-compete, courts enforce them more readily, though they must still be reasonable in duration and scope. Some states (e.g., California) scrutinize even non-solicits, enforcing them only where they protect trade secrets.
Read more
- Non-Solicitation Clause Explained: Rules, Limits & Drafting (2026) — A non-solicitation clause stops former employees or partners from poaching your clients or staff. Learn how it works, what makes it enforceable, and how state laws differ.
- Non-Compete Law by State: The 2026 Complete Guide — Non-compete enforceability depends entirely on state law. This 2026 guide covers every state's rules, salary thresholds, full bans, and the FTC reversal.
- How to Write a Non-Compete Agreement (2026) — Learn how to write an enforceable non-compete agreement in 2026. Covers key clauses, state-by-state rules, California's ban, and how courts evaluate reasonableness.