What is the difference between a non-competition clause and a non-solicitation clause?
A non-competition clause prevents the employee from unfairly competing with the employer after the employment is terminated. This means that when the employee’s employment comes to an end, he or she cannot take a job at a business which is in direct competition with the employer. A non-solicitation clause prevents the employee from inducing other employees or contractors from leaving the employer or from interfering with the employer’s relationship with other employees in general. This means that the employee cannot invite the employer’s other employees to move with him or her to another workplace. Courts MAY NOT enforce a non-competition or non-solicitation clause if: • the clause could be injurious to the public (e.g. if it could depress the local economy); • the clause is broader than necessary to protect the employer; • the clause would cause undue hardship on the employee (e.g. it would make it difficult for the employee to find new employment); or • the clause has unreasonable ti
