As a professional working in the world of employment, it`s likely that you`ve come across the term “non-solicitation clause” before. If you`re unfamiliar with this term, it`s worth taking the time to understand what it means and how it affects employees and their career prospects.
In essence, a non-solicitation clause is a type of employment contract clause that restricts an employee`s ability to contact or solicit clients or customers of their former employer if they decide to leave the company. This clause is usually included in an employment agreement in order to protect the business interests of the employer, as it ensures that the company`s clients and customers are not taken away by former employees who may have developed strong relationships with them during their employment.
It`s worth noting that non-solicitation clauses are not the same as non-compete clauses, which are another type of employment contract clause that restricts an employee`s ability to work for competitors within a certain period of time after leaving a company. While non-compete clauses are often viewed as more restrictive and potentially anti-competitive, non-solicitation clauses are generally considered more reasonable and are often easier to enforce.
So, what does a typical non-solicitation clause look like? Some examples of non-solicitation clauses might include language that restricts an employee from contacting or soliciting the business of any client or customer of the company for a period of time after their employment ends, or language that prohibits an employee from taking any action that could reasonably be expected to lead to the loss of business for the company.
While non-solicitation clauses are often viewed as being in the best interests of employers, they can also have a negative impact on employees. For example, if an employee is subject to a non-solicitation clause and decides to leave their company, they may be unable to continue working with clients or customers that they have built strong relationships with over time. This can make it more difficult for the employee to find new employment opportunities, especially if they have worked in a niche industry or have specialized skills that are highly valued by their former clients.
For these reasons, it`s important for employees to carefully review any employment contract before signing it, and to consider the potential impact of any non-solicitation clauses that may be included. If you`re concerned about the potential restrictions that a non-solicitation clause might place on your career prospects, it`s important to speak to an experienced employment lawyer who can help you understand your rights and help you negotiate a more reasonable contract with your employer. By taking the time to consider the implications of a non-solicitation clause and taking steps to protect your interests, you can ensure that your career remains on track and that you`re able to continue building relationships with clients and customers on your own terms.