Non-Solicitation Agreements
Attorney in Milwaukee

Understanding Non-Solicitation Agreements in Wisconsin

Non-solicitation agreements differ from non-compete agreements in that while a non-compete agreement attempts to limit where and/or for whom a former employee can work, a non-solicitation agreement endeavors to restrict the “customers,” “clients” or “employees” former employees may permissibly solicit.  

Like non-compete agreements and other restrictive covenants, non-solicitation agreements are disfavored by Wisconsin courts.  This does not mean they are per se unenforceable, however.

What is a Non-Solicitation Agreement?

Non-solicitation agreements are legal contracts that prevent one party (often an employee (including former employees), contractor, or business partner) from directly or indirectly soliciting or attempting to solicit business, clients, or employees away from the other party. These agreements are commonly used by employers to protect their business interests, such as their relationships with clients and their employees.

There are two main types of non-solicitation clauses:

1. Non-solicitation of employees: This prevents a former employee from recruiting or hiring other employees of the company for a certain period after leaving. The goal is to prevent poaching of talent and to protect the company’s workforce.
2. Non-solicitation of clients/customers: This prevents a former employee, contractor, or business partner from contacting or attempting to do business with the company’s clients or customers after leaving the organization. It ensures that the individual does not take clients away from the business or use the relationship to their advantage.

Non-solicitation clauses are frequently included in employment contracts, independent contractor agreements, or business partnership agreements, and they typically have a time limit (e.g., 6 months, 1 year or longer) during which the restrictions apply.

Individuals considering a non-solicitation agreement pre-employment or seeking an evaluation of their non-solicitation agreement after they’ve left employment, should enlist the services of trusted experienced attorneys who can assist them in the process and, if necessary, fight on their behalf.