Non-Solicitation Agreement

An agreement that a business has with a current employee or contractor whereby the employee or contractor agrees, for the period of their employment or contract plus a certain time after, not to solicit the business’ employees, clients/customers, or vendors. A non-solicitation agreement usually will include provisions that allow the business to easily seek an injunction (court order prohibiting conduct) against a violating solicitation, and may also include financial penalties known as a “liquidated damages” clause. Non-solicitation agreements should not be confused with non-compete agreements (whereby the employee or contractor agrees, in general, not to compete with the business). Non-compete agreements are more or less outlawed in a number of states including Washington and California.