These agreements exist to protect key employees and customer relationships. When a departing employee asks her friends to join her new business, it`s called advertising and sometimes poaching. The same goes for asking customers to support the new business instead of the old one. When it comes to non-solicitation prohibitions, read it for yourself and ask yourself if it`s appropriate based on your job description and the conditions above. If you can accept it, sign it, but don`t be afraid to talk to your HR manager or a contract lawyer if you have any questions. If it seems like it goes too far, wait before signing it until you consult a lawyer and don`t take a no for an answer. Remember that you can also negotiate. If you work in California, you should almost never have to sign a non-solicitation agreement. So what does it mean to “advertise”? One court defined it this way: it is not uncommon for the non-solicitation agreements that employers require of their employees to be extremely broad. These provisions often prevent the employee from recruiting all the clients of her former employer. Sometimes the regulations also prevent the employee from advertising potential customers of her former employer. In a recent case, this was the following provision prohibiting solicitation: Therefore, the executive understands and. In a restrictive agreement, the signatory agrees not to ask the other party to consider.

This usually means money, and it must be sufficient to be relatively equal in value with the money they give up (called “sufficient consideration”). A non-solicitation agreement is one of the many clauses that often appear in employment contracts. They can also be considered as one-off contracts. Others include non-compete obligations and non-disclosure or confidentiality agreements. The three together are sometimes called restrictive alliances. These agreements may apply to both temporary and regular workers. As you might expect, companies most often use non-solicitation agreements with employees who interact a lot with customers, customers, and employees. For example, a doctor`s administrative assistant would have a long confidential list of customers, and a salesperson working for a company that sells to other companies would have personal relationships with each customer. .