EMPLOYMENT CONTRACTS

What is a non-solicitation agreement and is it enforceable?

Reviewed by Main AI · Updated July 2026

SHORT ANSWER

A non-solicitation agreement restricts you from recruiting your former employer's clients or coworkers after you leave. Courts enforce them more readily than non-competes — when they're reasonable in scope and duration.

Non-solicits come in two flavors: client non-solicitation (you can't pursue the company's customers) and employee non-solicitation (you can't recruit your former coworkers). Because they don't stop you from working in your field, courts treat them as less restrictive than non-competes — but enforceability still turns on reasonableness: how long, which clients (all of them, or only ones you actually worked with?), and whether the employer has a legitimate interest to protect. Some states that heavily restrict non-competes, like California, also limit client non-solicits, while employee non-solicits survive more often. The definition section is where these clauses get overbroad.

What to do, in order

  1. Find the exact clause and read the definition: does it cover clients you never worked with?
  2. Check the duration — 6 to 24 months is typical; longer gets harder to enforce.
  3. Check your state: California and a few others sharply limit client non-solicits.
  4. Distinguish soliciting from announcing — a general job-change announcement is usually not solicitation.
  5. If a new employer is nervous, get the clause reviewed before you sign anything new.

Common questions

Can clients follow me if I don't solicit them?

Often yes — most non-solicits restrict you from initiating contact, not clients from choosing you. But the clause wording controls, and some are drafted to reach even client-initiated moves.

Is a non-solicit the same as an NDA?

No. An NDA protects information; a non-solicit protects relationships. Many agreements bundle both — read each restriction separately.

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Main AI explains documents and general legal rights in clear terms. It is not a law firm and does not provide legal advice. Laws vary by state and change over time — verify specifics for your jurisdiction, and consult a licensed professional for advice on your situation.