How does a non-solicitation clause in an employment contract work?

UPDATED: Oct 16, 2014

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How does a non-solicitation clause in an employment contract work?

My husband and I are wedding photographers, and we temporarily partnered with a bigger photography company which failed and we wound up splitting. We had 3 clients contact us stating they wanted to go with us and no longer the bigger company. We did not contact them! They came to us. The contract states a non-solicitation, so are we still legally allowed to take them since they came to us? Should we have them sign something?

Asked on October 16, 2014 under Business Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is no generic answer, since a non-solicitation clause, like any other clause in a contract, is enforced according to its plain terms. Also, the circumstances under whichg the partnership split up--e.g. whether you initiated it, or the larger company did--also will have a bearing on the enforceabilty of hte clause. You are advised to take the contrct to an attorney who can review its specific language and the exact circumstances with you in detail.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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