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Non-Solicitation Agreement Review — Understand the Restrictions Before You Sign

Non-solicitation agreements restrict who you can contact after leaving a job — typically former clients, customers, or colleagues. Unlike non-competes (which restrict where you work), non-solicitation clauses restrict who you can work with or hire. These restrictions are broadly enforced in most states, even in states that limit non-competes. Revealr's non-solicitation agreement review flags the scope of client and employee restrictions, duration, geographic limits, and any language that goes beyond standard terms.

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What Does a Non-Solicitation Agreement Actually Restrict?

What Revealr checks in your non-solicitation agreement

Client and customer solicitation scope

Which former clients or customers you are prohibited from contacting or doing business with

Employee and contractor solicitation restrictions

Whether you are prohibited from hiring or encouraging former colleagues to leave

Duration of restrictions

How long the non-solicitation restrictions last after your employment ends

Geographic or industry limits

Whether restrictions are scoped by geography, industry, or are unrestricted

Definition of 'solicitation'

Whether passive contact initiated by former clients counts as a violation

What Revealr Checks in Your Non-Solicitation Agreement

Here is what a Revealr analysis looks like for a real Non-Solicitation Agreement.

Revealr Analysis

Non-Solicitation Agreement

Risk Score

74 / 100

WARNING§3.2

Non-Solicitation Covers 'Accepting' Former Client Business

This clause prohibits not only initiating contact with former clients but also accepting business from former clients who contact you. This is broader than typical non-solicitation language and may significantly restrict your ability to serve clients who seek you out voluntarily.

→ Negotiate to limit the restriction to active solicitation only, not passive acceptance of inbound business.

INFO§3.5

24-Month Employee Non-Solicitation Restriction

You are prohibited from hiring, recruiting, or encouraging any current or former employee to leave the company for 24 months after your departure. This duration is at the upper end of standard enforcement and may face challenges in California.

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Non-Solicitation vs. Non-Compete: Key Differences

Employees reviewing an employment contract

You want to understand the non-solicitation restrictions before accepting the job

Workers planning to leave a company

You want to know who you can contact and work with after departure

Founders and executives

You need to understand whether your non-solicitation clause restricts your ability to build a new team

Non-solicitation violations are among the most commonly litigated employment contract disputes. Unlike non-competes, they are broadly enforced — even in states like California. Understanding the scope before signing is essential.

Frequently Asked Questions

A non-compete restricts where you can work (industry, geography). A non-solicitation restricts who you can contact or hire — typically former clients and colleagues. Non-solicitation agreements are generally more enforceable than non-competes and apply in more states.

Generally no. Most non-solicitation clauses prohibit you from initiating contact with former clients — not the client reaching out to you. However, some are written broadly enough to cover 'accepting' business from former clients. Revealr flags this language specifically.

Courts typically enforce durations of 1–2 years. Longer restrictions (3+ years) are more likely to face enforceability challenges. The reasonableness of the duration is evaluated alongside the scope of restrictions.

Broadly yes, with some variation. Unlike non-competes, non-solicitation agreements are generally enforceable in most U.S. states, including California (for client solicitation). Employee non-solicitation clauses face more scrutiny in California specifically.

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NDA Review Non-Compete Agreement Review Employment Contract Review Common NDA Red Flags

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