Agreements not to solicit customers or clients of a former employer are generally controlled by the same standards applicable to other noncompete agreements. Courts will refrain, however, from enjoining former employees from accepting business from former clients who voluntarily, and without active solicitation, contact the former employee and seek to retain her services.
Enforcement of Nonsolicitation Agreements
Another business interest that courts will recognize is prevention of solicitation of a company’s employees. Companies wish to limit corporate pirating as much as possible and will therefore enter into anti-employee solicitation covenants. Courts will generally enforce nonsolicitation agreements, applying the same standards as other restrictive covenants, to the extent that the agreement prohibits solicitation of employees. The courts are mindful, however, that these agreements cannot prohibit the employees from leaving and going to work for a new company.