- What is the difference between a non-compete clause and a non-solicitation clause?
Non-compete clauses usually seek to prohibit a person from being involved in a competing business.
Non-solicitation clauses do not seek to prohibit a person from working for a competitor or starting their own business, but rather they seek to prohibit a person from encouraging clients or employees to follow them. There are three types of “non-solicitation” clauses.
- Are non-complete clauses enforceable?
In employment agreements, non-compete restraints are usually only enforceable against senior employees in possession of confidential information or trade secrets.
- Are non-solicitation clauses enforceable?
Non-solicitation clauses are more readily enforceable than non-compete clauses. The likelihood of successfully enforcing a non-solicitation restraint against an employee increases with seniority and pay.