Non Solicitation Agreement

Published Jun 24, 2025
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What is a Non Solicitation Agreement?

A Non Solicitation Agreement is a legal document frequently used by businesses to prevent employees or contractors from using company resources, contacts, or information to benefit competing businesses or start their own competitive ventures. This type of agreement helps maintain the integrity of the business and safeguard its proprietary information. Here are some key features:

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  • Prevents employees or contractors from soliciting clients, customers, or employees of the company
  • Can be a standalone agreement or a clause within a larger contract
  • Defines the scope of non-solicitation, often in terms of time, geography, and activities
  • Provides legal recourse if the agreement is violated

Scenarios That Call for a Non Solicitation Agreement

A Non Solicitation Agreement is typically used in cases where an employer wishes to protect their business interests. Here are some scenarios where this would be appropriate:

  • A tech startup hiring a software developer might require a non-solicitation agreement to prevent the developer from starting a competing business using the knowledge acquired on the job.
  • A sales company might use a non-solicitation agreement to prevent a former employee from taking clients to a new employer.
  • A company may use a non-solicitation agreement when laying off or releasing an employee to prevent them from taking other employees with them.

Real-World Examples of Non Solicitation Agreements

  • A healthcare provider enters into a Non Solicitation Agreement with a medical practitioner to prevent them from taking patients with them should they decide to start their own practice or move to a competitor.
  • A marketing agency uses a Non Solicitation Agreement to prevent a departing employee from soliciting clients or recruiting other agency employees for a new venture.

Frequently Asked Questions

No solicitation means that a party, usually an employee or contractor, is prohibited from soliciting or attempting to solicit customers, clients, or employees of a company, either for their own benefit or for the benefit of a competitor.

Yes, noncompete agreements are legal in many jurisdictions, but they must be reasonable in scope and not overly restrictive. Noncompete agreements, like non solicitation agreements, are enforced to protect business interests, but cannot be used to prevent fair competition or to restrict an individual's right to work.

A non compete agreement prevents an employee or contractor from working in a competing business or starting a similar business for a certain period after their employment or contract ends. A non solicitation agreement, on the other hand, prevents an employee or contractor from soliciting or trying to attract the company's customers, clients, or employees, but does not restrict them from working for a competitor or starting a similar business.

About this document

A Non Solicitation Agreement is a legal document that restricts parties from soliciting each other's employees or clients for a specified time.

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This document utilizes our advanced PassTheBar AI technology, ensuring bar-exam precision and comprehensive legal coverage.

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This document is designed to comply with the laws of all 50 states.

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Legal Notice: Comments are personal opinions and do not constitute legal advice. Always consult a qualified attorney for matters specific to your situation.