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.
More in Signals
- One letter for the whole term: what CRM support should look like after the contract is signedCRM support works when one person at the vendor is assigned to your team for the whole contract term: they train people, answer in your working channel and remember the history. A ticket queue and new faces every six months cost more than they save. A long contract makes sense only if the rules, the consequences of breaking them and the way meetings run are written down in advance.
- Client base security in messaging apps: who sees the conversations and how to prevent a leakA client base in messaging apps leaves quietly: with a rep who quits, in a spreadsheet “for myself,” in screenshots, on a personal phone. Protection starts with the owner’s decisions: the number and account belong to the company, the contract has an NDA, the client has consented, access is minimal, and departures follow a clear procedure.