Attorneys Robert W. Smith and Christopher J. Eibeler

Non-Solicitation Clauses

A common clause contained in an employment agreement that contains restrictive covenants is a non-solicitation clause. A non-solicitation clause seeks to prohibit an employee from soliciting clients, employees or business away from the current or former employer both during their employment and for a period of time after the employment ends. Like any restrictive covenant, the significance of a non-solicitation clause in an employment agreement should not be overlooked when entering into an employment relationship with an employer.

While New Jersey law disfavors any illegitimate restraint on trade, it also recognizes the importance of employers protecting their legitimate business interests. New Jersey courts will enforce non-solicitation clauses in situations when an employer can show it has a protectable interest in restricting a former employee from taking away business, customers or clients. This is because our courts recognize that an employer has a legitimate interest in protecting its clients and customer relationships, when they expend a significant investment of time, effort and money toward its clients and customer relationships.

Non-solicitation clauses can also be used to prevent a former employee from recruiting other employees to join them in a competitive business or venture. These clauses are often referred to as “anti-raiding” clauses that protect employees from a mass exodus of employees to competing businesses. This type of non-solicitation can protect an employer from a former employee recruiting their current employees and enticing them to leave their employment. The enforceability of an anti-raiding covenant will depend on the reasonableness of the restriction and the protectable interest an employer has to prevent a former employee from recruiting its current workforce.

If you have executed a non-solicitation agreement as part of your employment and are concerned that it may impact your ability to contact former customers, clients or even fellow employees, you should contact an experienced no-compete lawyer for advice before you engage in any activity that may violate the agreement. Our New Jersey employment lawyers are well versed in all areas of non compete and restrictive covenant litigation and are available to answer any questions you have concerning the facts and circumstances of your non-solicitation agreement.

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Client Reviews
We had a wrongful termination issue combined with a denial of unemployment insurance. Chris Eibeler was our primary attorney. His partner Bob Smith also consulted and gave us good advice. They were both so kind, caring, and professional. They guided us though a very tough time and a positive outcome versus a prior employer. They were also able to reverse our denial of unemployment insurance. I cannot recommend Smith and Eibeler highly enough. The entire staff is very professional, personable, and caring. Tom Wilson
I went to Smith Eibeler LLC for a last minute unemployment matter. Chris, Diane and his staff were very professional and easy to talk to. They provided knowledgeable insight and also kept me in the loop with the what was happening. I would not hesitate to go to him again. John Jung
Chris Eibeler (and the whole team) is very knowledgeable in all aspects of employment/unemployment here in NJ. They break down the most difficult aspects of the law, which allows you to conceptualize and better understand the complexities of the NJ Labor & Employment system. Smith Eibeler should be your first call regarding any Employment, workforce, or Labor questions here in New Jersey. I highly recommend them. Brian Allen
I approached Chris Eibeler regarding an unemployment case in early 2016. Him and his staff are some of the most professional people I have ever dealt with. The process took a while, but his approach to hard questioning helped me win my case. He knows how to get the job done and I am glad I went to him. I would recommend him to anyone in the future who asks for a lawyer. Thank you Chris! Tim F.
I highly recommend the office of Smith Eibeler for employment related issues, particularly anything related to restrictive covenants or post-employment contracts. I found Smith Eibeler via the web and cannot believe how fortunate I am to have found them. My case was handled by Bob Smith who represented me in a potential lawsuit by my former employer for violation of a post-employment contract (not a restrictive covenant per se). Bob was professional, friendly, understanding, and above all extremely helpful. Bob helped me avoid a lawsuit and was extremely knowledgeable in this field. I was thoroughly impressed with his prowess. Hopefully I will never have a legal issue related to employment again, but if I do, I will not hesitate to retain Smith Eibeler again! Gavin Tully