Employment Litigation
Employment Practice and Defense
Customer non-solicitation restricts contacting or servicing former clients, while employee non-solicitation restricts recruiting former colleagues. Enforceability requires a protectable interest and reasonable scope.
These provisions survive where non-competes fail.
Alternative Names:
Non-Solicit|Customer Non-Solicitation
Why it Matters?
Non-solicitation provisions are enforced in several states that void non-competes entirely, which makes them the practical restriction where a non-compete is unavailable. Limiting customer restrictions to accounts the employee actually serviced strengthens enforceability substantially over blanket customer list restrictions. Employee non-solicitation faces increasing antitrust scrutiny, particularly no-poach arrangements between employers rather than employee-level covenants.
Frequently Confused with
Related terms
Frequently asked questions
Do non-solicitation provisions survive where non-competes fail?
What strengthens enforceability?
