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Aug 6th, 2022
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How to Copy text in the Non Solicitation Agreement Template

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[Music] non-solicitation everything you need to know what is an on solicitation agreement an on solicitation agreement is a common contract clause that says if you work for a competitor you wont solicit any business clients bring over any employees or use any confidential information connected to your current job an on solicitation agreement is one of several clauses that often show up in employment contracts they can also stand as unique contracts others include non-compete agreements and non-disclosure or confidentiality agreements and the three together are sometimes called the restrictive covenants the difference between non solicitation and non disclosure is that non-disclosure is about sharing confidential information while non solicitation is about not using confidential information as you might expect companies use non solicitation agreements most often with employees who interact a lot with clients customers and employees these agreements exist to protect important employees

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Is the Non-Solicitation or Non-Competition Agreement I signed enforceable? If you suspect that the non-solicitation or non-competition agreement you signed seems unreasonable, you are not alone in Canada, most such agreements are unenforceable. Courts recognize and appreciate that you deserve to earn a livelihood.
Neither shall you call on, solicit, take away, or attempt to call on, solicit, or take away any customer of the Company on whom You have called or with whom You became acquainted during the term of your employment, as the direct or indirect result of your employment with the Company.
An example of a non-compete clause is The Employee agrees not to establish a competing business or otherwise engage in competition with the Employer within a 30 km radius of the Employers offices for a period of 2 years from the date of the termination of this contract.
In California, courts have determined that a non solicitation is invalid and not enforceable. However, there are cases where these agreements have been upheld under certain situations.
There are some circumstances in which non-competition clauses are upheld. To be considered enforceable, the clause must be reasonable in both geographic and temporal scope. For example, a non-compete clause that extends across Canada and spans three years would likely be unenforceable.
A very basic example of a non-solicitation clause is, Employee shall not solicit the clients of Employer for a period of 12 months after termination of employment for any reason.
A non-solicit agreement in an employment contract prohibits an employee from soliciting, or actively pursuing, clients, customers, vendors, business partners or other employees of their employer, during the employment relationship or after the employment relationship has ended.
In Ontario a court will only enforce a non-competition clause in exceptional circumstances. This is because in the vast majority of cases the court will find that a more limited non-solicitation would have sufficient to protect the employers legitimate business interests.

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