Utilizing an employer’s contact or client list for your business could be considered “solicitation.” However, due to the lack of a globally acknowledged definition of “solicitation,” the specific meaning may vary between agreements.
A former employee may be bound by a non-solicitation agreement that prohibits them from soliciting current or former coworkers or clients. Typically, the duration and territory of the contract are mentioned in the agreement.
Since non-solicitation agreements do not restrict an employee’s ability to find work elsewhere, the courts have traditionally taken a more favorable view of such contracts. It has been determined that non-compete clauses significantly limit employees’ freedom to look for work elsewhere. The company is genuinely interested in maintaining and protecting its customer base. On the other hand, non-solicitation agreements are often regarded as imposing reasonable conditions by the courts. This is because the employee is free to continue working in their area of competence despite the terms of the agreement.
In addition to non-competes, non-disclosure agreements, and non-disparagement clauses, employers may compel you to sign contracts prohibiting you from hiring former clients or coworkers.