ECHO EMISSARY

Glossary

Non-Solicitation

Non-solicitation is a contractual commitment by a former employee or partner not to approach the company's clients and staff in order to draw them to themselves or to a competitor.

In plain words

A person leaves and promises that for a set period they will not write to your clients offering to switch, and will not call colleagues to follow them. This is not a ban on working in the industry. It is a ban on actively taking away those they met at your company.

What it looks like in practice

An employment or contractor agreement gains a section: a term, for example one year after the work ends; a circle of people, meaning clients the person worked with and company employees; and consequences of breach. This section is often combined with an NDA.

Why it matters to a manager

In messenger correspondence, a client becomes attached to a person, not the company. The manager knows each client by name, along with their money and habits. On leaving, they can write to everyone in one evening. A non-solicitation clause gives the company grounds to stop this and claim compensation.

But enforceability varies widely by country. Some places recognise such terms when the period is reasonable and the circle narrow; others restrict them heavily as a limit on the right to work. Rules depend on the country, so check with a lawyer before signing, not during a dispute.

A common mistake

Relying on the contract alone. Even an enforceable ban works after the fact: the clients are already gone, and the company is left proving it.

It is more reliable when conversations, numbers and history belong to the company, and the client knows the company, not just one manager. Then a person’s departure does not mean the clients leave.

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