Legal Term

contractor agreement with non-solicitation clause enforceability

Legal Definition

The legal principle determining whether a contractual provision, in an agreement for independent contractor services, that prohibits the contractor from soliciting the hiring party's employees, clients, or customers for a specified period after the contract ends, is valid and binding under applicable state law. Enforceability hinges on the clause being reasonably necessary to protect a legitimate business interest, not imposing undue hardship on the contractor, and not being contrary to public policy.

In Plain English

A rule in a contractor's contract that stops them from poaching the hiring company's workers or clients after the job ends. Whether a court will make the contractor follow this rule depends on if the rule is fair and not too restrictive.

Example in a Contract
Non-Solicitation. Contractor agrees that for a period of twelve (12) months following the termination of this Agreement, for any reason, Contractor shall not, directly or indirectly, (i) solicit for employment any employee of Client, or (ii) solicit or accept business from any Client customer or prospect with whom Contractor had material contact during the term of this Agreement. This provision does not prohibit general advertising or solicitation not specifically targeted at such individuals or entities.

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