Clause guide

Non-Solicitation Clause

Who you can contact after the relationship ends, what counts as solicitation, and where these clauses overreach.

High attentionEmployment & Restrictions
Inkvex checks
  • Who is included in the restricted group
  • How solicitation is defined
  • Whether passive responses are carved out
  • How long the restriction lasts
Next move

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Overview

What this clause actually does

A non-solicitation clause limits your ability to recruit employees, approach clients, or do business with defined contacts after the deal ends. It is often narrower than a non-compete, but it can still be drafted so broadly that it blocks normal work. Many people sign it without noticing how wide the client or employee definitions actually are.

Why it matters

Why people get burned by this clause

The wording decides whether you can work with prior contacts, whether passive acceptance is allowed, and how much of your future pipeline gets cut off after you leave.

Red flags

What should make you slow down

  • The clause covers every client of the company, not just the ones you worked with
  • Passive acceptance is treated the same as active outreach
  • The employee restriction covers people you never supervised or knew
  • The duration is long with no clear business justification
  • The clause is paired with a broad non-compete that creates layered restrictions
Where it appears

Where you usually see it

  • Employment contracts
  • Severance agreements
  • Partnership and founder exits
  • Independent contractor agreements
  • Business sale documents
Inkvex review

What the platform checks in the live contract

  • Who is included in the restricted group
  • How solicitation is defined
  • Whether passive responses are carved out
  • How long the restriction lasts
  • How it interacts with state law and any non-compete language
Healthier version

What stronger language usually looks like

  • The restricted group is limited to real relationships
  • Passive acceptance is treated separately
  • The duration is reasonable
  • The language is not used as a disguised non-compete
Related reading

Articles that go deeper

What Is a Non-Solicitation Clause? Clear Guide
A non-solicitation clause stops you from poaching clients or employees after you leave a job. Here's what it covers, what it doesn't, and when to push back.
Are Non-Compete Agreements Actually Enforceable? (2026)
Non-compete agreements vary wildly by state. California bans them entirely. Other states enforce them strictly. Here's what determines if yours would hold up.
What Happens If You Break a Non-Compete?
Breaking a non-compete can mean a lawsuit, an injunction, or nothing at all depending on the state and how the clause is written. Here's what actually happens.
FAQ

Common questions about this clause

What is the difference between a non-solicitation clause and a non-compete?

A non-compete restricts where and for whom you can work. A non-solicitation restricts who you can contact or recruit after the relationship ends. Non-solicitation clauses are generally narrower and more likely to be enforced because they target specific relationships rather than blocking entire industries.

Does a non-solicitation clause cover passive contact from former clients?

It depends on the wording. Many clauses only restrict active outreach, meaning you initiate contact. Others treat any business relationship with a former client as solicitation regardless of who reached out first. If the clause does not distinguish between active and passive contact, assume it covers both until you negotiate otherwise.

How long can a non-solicitation clause last?

Courts typically look for a reasonable duration tied to the legitimate interest being protected. Six to twelve months is commonly accepted. Longer restrictions face higher scrutiny, especially when combined with a separate non-compete. Duration is often the most negotiable element of these clauses.

Can a non-solicitation clause cover employees you never worked with?

Many contracts try to restrict solicitation of all company employees, not just those you worked with directly. Courts have been more willing to limit these restrictions to actual relationships. If the clause covers the entire company workforce, that is worth flagging as overbroad.

The bottom line

Non-solicitation clauses are narrower than non-competes but can still cut off meaningful future work if the definitions are broad. Check who is covered in the restricted group, whether passive acceptance is treated as solicitation, and how long the restriction runs. These clauses are often negotiable on scope and duration without much resistance.

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