In New York, non-solicitation agreements attempt to restrict departing employees from recruiting co-workers to join another employer or from contacting the company’s customers and vendors after leaving. Employers argue these agreements are necessary to protect valuable business relationships.

For employees, however, these provisions can limit career mobility and new business opportunities. New York courts will only enforce non-solicitation agreements when they are reasonable in scope and duration and serve a legitimate business interest, such as protecting trade secrets or client goodwill.

Employers frequently require executives, sales professionals, and other employees with access to customers or vendors to sign non-solicitation agreements. While employers frame these contracts as necessary to protect their workforce and client base, many are drafted more broadly than the law allows.

If you are asked to sign one, it is critical to have an experienced employment attorney review the agreement before you sign, so you do not unknowingly give up rights that could affect your future career.

For employees, the impact can be significant. Overly broad non-solicitation clauses may prevent you from contacting long-standing clients, limit your ability to recruit colleagues for a new venture, or even interfere with basic networking. These restrictions can directly affect your livelihood. Consulting with an experienced attorney before signing — or if you are accused of violating such an agreement — is essential to protecting your rights and preserving future opportunities.

Non-solicitation provisions often appear alongside non-compete clauses and confidentiality agreements. Even if a non-compete is struck down, a non-solicitation clause may still be enforced if it is reasonable. This makes careful legal review even more important, as employees are often bound by multiple overlapping restrictions.