What is a non-solicitation clause?

Tosh Polpitye

12 February 2019

A non-solicitation clause in an employment contract is and agreement in which an employee agrees not to solicit a company’s clients or customers, for his or her own benefit or for the benefit of a competitor, after leaving the company. A non-solicitation clause can also include an agreement by the employee not to solicit other employees to leave when he or she quits or otherwise moves on.

This is the question we put to employment law solicitor and expert Tosh Polpitye.

Video transcript

What is a non-solicitation clause? Expert employment law solicitor Tosh Polpitye will explain.

So non-solicitation is the same as non-poaching, which basically means that after you leave work you should not be doing things that would damage the business, like stealing their clients, stealing their suppliers or stealing their employees you know if you're looking to set up in competition for example. So non-solicitation means don't do these things to us for a period of time so it protects the business interests.

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