What is the Difference Between a Non Solicit Agreement and a Non Compete?
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A non compete agreement usually broadly restricts you from working for a competitor, regardless of whether you try to solicit customers or employees of your former employer. A non solicit agreement more narrowly prohibits you from soliciting customers or employees for a period of time after your employment ends.
In Massachusetts, many employers are turning to non solicit agreements instead of non competes, to avoid the requirements of the new non-compete law. These are generally enforceable as written, so you should be careful that you understand what the non solicit does or does not restrict. For example, the agreement can state simply that you will not solicit. This leaves open the possibility that a customer will see your new LinkedIn profile, or hear that you went somewhere else, and initiate contact themselves. Other agreements will cast a broader net, saying you cannot solicit or do business with your former employer's customers. If you are in doubt about the reach of your non solicit agreement, it is a good idea to consult with an experienced employment attorney before signing. Learn more here about non-solicit agreements in Massachusetts. |
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