Contract Clause Library
Non-solicitation clause
Restricts one party from hiring or soliciting the other's employees or contractors during and after the engagement.
Where a non-compete restricts working with competitors, a non-solicitation clause specifically protects each party's team: it stops a client from directly hiring an agency's staff off a project, or an agency from poaching a client's employees it worked closely with. It's generally more enforceable than a non-compete, since it protects a narrower, more specific interest.
Sample wording
Sample language (illustrative, not legal advice)
During the term of this Agreement and for 12 months thereafter, neither party will directly solicit for employment any employee of the other party who was involved in the performance of this Agreement, without that party's prior written consent.
Red flags
- No exception for a general, untargeted job posting that an employee happens to apply to on their own
- A restriction period longer than 12-18 months, which is unusually long for this type of clause
- Coverage broad enough to include employees who had no involvement in the actual engagement
How MarginFlow reads it
MarginFlow surfaces this clause for reference when a hiring question comes up involving someone from the other side of an active or recent engagement — again, a lookup clause rather than one the alert engine actively monitors against ongoing activity.