Non-solicitation of employees clause: Copy, customize, and use instantly
Introduction
A non-solicitation of employees clause prevents parties from directly or indirectly recruiting, hiring, or soliciting employees from one another during and after the term of an agreement. This clause is critical in protecting the workforce and ensuring fair competition, particularly in collaborative or competitive business arrangements.
Below are templates for non-solicitation of employees clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
General non-solicitation clause
This variation applies broadly to restrict employee solicitation.
During the term of this Agreement and for a period of [specific timeframe] thereafter, neither party shall directly or indirectly solicit, recruit, or hire any employee of the other party without prior written consent. This restriction does not apply to general advertisements not specifically targeted at the other party's employees.
Non-solicitation with geographic restriction clause
This variation limits solicitation within specific geographic areas.
Neither party shall solicit, recruit, or hire any employee of the other party within the geographic region of [specific location] during the term of this Agreement and for [specific timeframe] thereafter. This clause does not restrict general job postings available to the public.
Non-solicitation with exception for mutual consent clause
This variation allows for hiring with mutual consent.
Neither party shall solicit or hire employees of the other party during the term of this Agreement and for [specific timeframe] thereafter, except where written mutual consent has been obtained prior to such solicitation or hiring.
Non-solicitation of key employees clause
This variation specifically protects high-value employees.
During the term of this Agreement and for a period of [specific timeframe] thereafter, neither party shall solicit or attempt to solicit key employees of the other party, defined as employees in managerial, technical, or executive roles critical to business operations.
Non-solicitation for contractors and consultants clause
This variation extends protection to contractors and consultants.
Neither party shall directly or indirectly solicit, hire, or engage contractors, consultants, or other non-employee personnel of the other party during the term of this Agreement and for [specific timeframe] following its termination without prior written approval.
Non-solicitation with liquidated damages clause
This variation includes a penalty for violation.
Any party that breaches this non-solicitation clause by hiring or soliciting employees of the other party shall pay liquidated damages of [specific amount] to compensate for the loss incurred. This amount is agreed upon as reasonable and not as a penalty.
Non-solicitation with carve-out for layoffs clause
This variation excludes employees terminated due to layoffs.
This clause shall not apply to employees of either party who are terminated as part of a workforce reduction or layoff. Both parties may hire such employees provided that no solicitation occurred prior to the layoff.
Non-solicitation with mutual termination clause
This variation allows the clause to be terminated by mutual agreement.
The parties may mutually agree in writing to terminate this non-solicitation clause at any time, thereby allowing each party to solicit or hire employees of the other without restriction.
Non-solicitation for collaborative projects clause
This variation applies to employees working on joint projects.
During the term of any collaborative project between the parties and for [specific timeframe] thereafter, neither party shall solicit, recruit, or hire employees assigned to the project without prior written consent of the other party.
Non-solicitation with indefinite restriction clause
This variation imposes an indefinite restriction with specific conditions.
Neither party shall solicit or hire employees of the other party at any time without prior written consent, except where such solicitation occurs more than [specific timeframe] after the employee’s separation from the other party.
Non-solicitation for executive-level employees clause
This variation applies specifically to executive or C-level employees.
Neither party shall solicit, recruit, or hire any executive-level employee of the other party during the term of this Agreement and for a period of [specific timeframe] thereafter. This includes but is not limited to Chief Executive Officers, Chief Operating Officers, and other senior executives.
Non-solicitation with training reimbursement clause
This variation includes compensation for hiring employees recently trained.
If a party solicits and hires an employee of the other party within [specific timeframe] of the employee completing employer-funded training, the hiring party agrees to reimburse the training costs in full to the previous employer.
Non-solicitation during merger negotiations clause
This variation applies during merger or acquisition discussions.
During the course of merger or acquisition negotiations and for [specific timeframe] thereafter, neither party shall solicit, hire, or engage employees of the other party without prior written consent, regardless of the negotiation outcome.
Non-solicitation for sales representatives clause
This variation applies specifically to sales or client-facing employees.
Neither party shall solicit, recruit, or hire sales representatives or client-facing employees of the other party during the term of this Agreement and for [specific timeframe] thereafter without prior written approval.
Non-solicitation with restricted competitor list clause
This variation limits non-solicitation to specific competitors.
The parties agree that neither shall solicit employees from a defined list of competitors identified in [Attachment/Exhibit X] during the term of this Agreement and for [specific timeframe] thereafter. Written consent is required for any exceptions.
Non-solicitation with tiered timeframes clause
This variation imposes different restrictions based on roles.
For managerial employees, this non-solicitation clause applies for [specific timeframe]; for technical employees, the restriction applies for [different timeframe]. No solicitation may occur for these roles without prior written approval during the respective periods.
Non-solicitation for independent contractors only clause
This variation applies exclusively to contractors and freelancers.
Neither party shall solicit or hire independent contractors, freelancers, or gig workers engaged by the other party during the term of this Agreement and for [specific timeframe] following its termination without prior written consent.
Non-solicitation with mediation requirement clause
This variation requires dispute resolution for violations.
In the event of a dispute regarding a potential violation of this non-solicitation clause, the parties agree to submit to mediation before initiating any legal proceedings. This mediation must occur within [specific timeframe] of the alleged violation.
Non-solicitation with exceptions for unsolicited applications clause
This variation permits hiring through unsolicited applications.
This clause shall not apply where an employee of the other party applies for a position independently and without solicitation. In such cases, the hiring party must notify the other party in writing before proceeding with the hire.
Non-solicitation for specialized technical roles clause
This variation applies specifically to technical roles with specialized skills.
Neither party shall solicit, recruit, or hire employees in specialized technical roles, such as engineers or developers, from the other party during the term of this Agreement and for [specific timeframe] thereafter without prior written consent.
Non-solicitation for project-specific employees clause
This variation applies to employees assigned to specific projects.
Neither party shall solicit or hire employees of the other party who were directly involved in a specific project under this Agreement during the term of the project and for [specific timeframe] thereafter without prior written consent.
Non-solicitation with penalty clause for violation clause
This variation imposes a monetary penalty for breaches.
Any breach of this non-solicitation clause shall result in a penalty of [specific amount] payable by the breaching party to the non-breaching party. The penalty is intended to compensate for the disruption caused by such solicitation.
Non-solicitation for high-demand roles clause
This variation applies to roles identified as critical or high-demand.
Neither party shall solicit or hire employees in high-demand roles, such as data scientists or cybersecurity experts, from the other party during the term of this Agreement and for [specific timeframe] thereafter without prior written approval.
Non-solicitation during contract renewal discussions clause
This variation applies during discussions for contract renewal.
Neither party shall solicit or hire employees of the other party during the period of contract renewal discussions and for [specific timeframe] following the conclusion of such discussions, regardless of whether the renewal is finalized.
Non-solicitation for exclusive talent pool clause
This variation applies to employees identified as part of an exclusive talent pool.
Neither party shall solicit or hire employees identified as part of the exclusive talent pool or key talent group of the other party during the term of this Agreement and for [specific timeframe] thereafter without prior written consent.
Non-solicitation for employees with proprietary knowledge clause
This variation applies to employees with access to proprietary knowledge.
Neither party shall solicit or hire employees who have access to proprietary knowledge or confidential information of the other party during the term of this Agreement and for [specific timeframe] thereafter without prior written authorization.
Non-solicitation for employees in client-facing roles clause
This variation applies to roles involving direct client interaction.
Neither party shall solicit or hire employees in client-facing roles, such as account managers or support representatives, from the other party during the term of this Agreement and for [specific timeframe] thereafter without prior written consent.
Non-solicitation for temporary employees clause
This variation applies exclusively to temporary or seasonal employees.
Neither party shall solicit or hire temporary or seasonal employees of the other party during the term of this Agreement and for [specific timeframe] thereafter without prior written consent, except as explicitly authorized in writing.
Non-solicitation for remote employees clause
This variation applies specifically to remote or hybrid employees.
Neither party shall solicit or hire remote or hybrid employees working for the other party during the term of this Agreement and for [specific timeframe] thereafter without prior written consent, regardless of geographic location.
Non-solicitation with mandatory notification clause
This variation requires notification of potential violations.
In the event that an employee of one party independently applies for a position with the other party, the hiring party must notify the current employer in writing prior to extending an offer. This notification is required to ensure compliance with the non-solicitation clause.
Non-solicitation for employees with access to confidential projects clause
This variation applies to employees who work on confidential or sensitive projects.
Neither party shall solicit or hire employees with access to confidential projects or strategic initiatives of the other party during the term of this Agreement and for [specific timeframe] thereafter without prior written consent.
Non-solicitation for employees involved in R&D clause
This variation applies to employees working in research and development.
Neither party shall solicit, recruit, or hire employees involved in research and development activities for the other party during the term of this Agreement and for [specific timeframe] thereafter, unless authorized in writing by the other party.
Non-solicitation for specialized consultants clause
This variation applies to consultants with specialized expertise.
Neither party shall solicit, recruit, or hire specialized consultants, contractors, or advisors engaged by the other party during the term of this Agreement and for [specific timeframe] thereafter without the prior written consent of the other party.
Non-solicitation for employees in leadership positions clause
This variation applies to employees in managerial or leadership roles.
The parties agree that neither shall solicit or hire employees in leadership positions, including but not limited to directors, VPs, or senior managers, of the other party during the term of this Agreement and for [specific timeframe] thereafter.
Non-solicitation for former employees clause
This variation applies to former employees of the other party.
Neither party shall solicit or hire any employee of the other party who has left the other party's employment within the past [specific timeframe] during the term of this Agreement and for [specific timeframe] thereafter without prior written consent.
Non-solicitation for internal referrals clause
This variation applies to solicitation of employees through internal employee referrals.
Neither party shall solicit or hire any employee of the other party through internal employee referral programs during the term of this Agreement and for [specific timeframe] thereafter without prior written approval.
Non-solicitation during employee transition periods clause
This variation applies during periods of employee transition, such as promotions or departmental changes.
Neither party shall solicit or hire any employee during a transition period such as a promotion or departmental transfer within the other party for the duration of this Agreement and for [specific timeframe] thereafter.
Non-solicitation for employees working on joint ventures clause
This variation applies to employees working on joint ventures between the parties.
Neither party shall solicit or hire employees assigned to joint venture projects under this Agreement during the term of the joint venture and for [specific timeframe] thereafter without the written consent of the other party.
Non-solicitation for contract employees clause
This variation applies to temporary contract employees.
Neither party shall solicit or hire contract employees who are assigned to work for the other party during the term of this Agreement and for [specific timeframe] after their contract ends, unless explicitly agreed to in writing.
Non-solicitation for specialized project teams clause
This variation applies to employees working on specific, specialized project teams.
Neither party shall solicit or hire employees who are part of specialized project teams dedicated to a specific task or objective during the term of this Agreement and for [specific timeframe] thereafter, unless authorized by the other party.
Non-solicitation for employees with proprietary knowledge clause
This variation applies to employees with access to proprietary or sensitive knowledge.
Neither party shall solicit, recruit, or hire employees who have access to proprietary or confidential information of the other party during the term of this Agreement and for [specific timeframe] thereafter without prior written consent.
Non-solicitation for seasonal employees clause
This variation applies to seasonal or temporary workers.
Neither party shall solicit, recruit, or hire seasonal employees of the other party during the term of this Agreement and for [specific timeframe] thereafter, except with written permission from the other party.
Non-solicitation for employees under non-compete agreements clause
This variation applies to employees already bound by non-compete clauses.
Neither party shall solicit or hire employees who are subject to non-compete agreements with the other party during the term of this Agreement and for [specific timeframe] thereafter without prior written consent.
Non-solicitation during post-termination period clause
This variation applies to post-termination periods after the Agreement ends.
For [specific timeframe] following the termination of this Agreement, neither party shall solicit, recruit, or hire any employees of the other party who were employed during the term of the Agreement.
Non-solicitation with agreed exceptions clause
This variation allows for specific exceptions to the non-solicitation clause.
Notwithstanding the non-solicitation obligations outlined herein, either party may solicit or hire employees of the other party only under the following circumstances: [specific exceptions].
Non-solicitation for high-level management clause
This variation applies specifically to senior management roles.
Neither party shall solicit, recruit, or hire any senior management personnel, including executives or department heads, of the other party during the term of this Agreement and for [specific timeframe] thereafter without written consent.
Non-solicitation for former independent contractors clause
This variation applies to independent contractors previously engaged by the other party.
Neither party shall solicit or hire independent contractors or consultants who previously worked with the other party during the term of this Agreement and for [specific timeframe] thereafter, without written approval.
Non-solicitation for technical experts clause
This variation applies to employees with specialized technical expertise.
Neither party shall solicit, recruit, or hire technical experts or highly specialized employees of the other party during the term of this Agreement and for [specific timeframe] thereafter, unless with prior written consent.
Non-solicitation for team members in strategic departments clause
This variation applies to team members working in strategic or critical departments.
Neither party shall solicit, recruit, or hire employees in strategic departments, such as finance, legal, or product development, from the other party during the term of this Agreement and for [specific timeframe] thereafter, without written consent.
Non-solicitation for personnel involved in competitive projects clause
This variation applies to employees working on competitive or rival projects.
Neither party shall solicit or hire personnel who have been involved in projects that directly compete with the other party's business during the term of this Agreement and for [specific timeframe] thereafter, unless with written approval.
Non-solicitation for employees with direct customer relationships clause
This variation applies to employees with client-facing responsibilities.
Neither party shall solicit or hire employees who have direct relationships with the other party’s clients or customers during the term of this Agreement and for [specific timeframe] thereafter without prior written consent.
Non-solicitation for employees with trade secrets clause
This variation applies to employees with access to trade secrets or proprietary processes.
The parties agree that neither party shall solicit or hire employees who have had access to trade secrets or proprietary business processes during the term of this Agreement and for [specific timeframe] thereafter.
Non-solicitation for temporary staffing agency employees clause
This variation applies to employees provided by staffing agencies.
Neither party shall solicit, recruit, or hire employees supplied by a third-party staffing agency during the term of this Agreement and for [specific timeframe] thereafter without the prior written consent of the staffing agency.
Non-solicitation for employees hired within a specific role clause
This variation applies to employees hired for specific roles.
Neither party shall solicit or hire employees who were specifically hired for the role of [role title] under this Agreement during the term and for [specific timeframe] thereafter without written consent from the other party.
Non-solicitation with acknowledgment of prior employment clause
This variation requires acknowledgment of prior employment status.
The recipient of this Agreement acknowledges that they will not solicit or hire employees who were employed by the other party in the previous [specific timeframe] or during the term of the Agreement without written consent.
Non-solicitation for part-time employees clause
This variation applies to part-time employees.
Neither party shall solicit, recruit, or hire part-time employees of the other party during the term of this Agreement and for [specific timeframe] thereafter unless written consent is obtained from the disclosing party.
Non-solicitation for employees with confidential information clause
This variation applies to employees with access to confidential business information.
Neither party shall solicit or hire employees of the other party who have access to confidential business information during the term of this Agreement and for [specific timeframe] thereafter.
Non-solicitation for sales team members clause
This variation applies specifically to employees in sales roles.
Neither party shall solicit, recruit, or hire employees in the sales team of the other party during the term of this Agreement and for [specific timeframe] thereafter, without prior written consent.
Non-solicitation for employees involved in customer support clause
This variation applies to employees in customer service or support roles.
Neither party shall solicit or hire employees who are involved in customer support or service roles at the other party during the term of this Agreement and for [specific timeframe] thereafter without written approval.
Non-solicitation with provision for ongoing business relationships clause
This variation allows for ongoing business relationships to continue.
Notwithstanding the non-solicitation clause, employees who have an existing relationship with the other party’s business outside of the Agreement may be hired if they apply independently and are not actively solicited.
Non-solicitation for employees with managerial decision-making authority clause
This variation applies to employees with decision-making responsibilities.
Neither party shall solicit or hire employees who hold managerial decision-making authority within the other party’s organization during the term of this Agreement and for [specific timeframe] thereafter, without prior written consent.
Non-solicitation for employees with proprietary client lists clause
This variation applies to employees with access to proprietary client lists.
The recipient agrees not to solicit or hire employees who have access to proprietary client lists or other confidential client data during the term of this Agreement and for [specific timeframe] thereafter, unless with written consent from the disclosing party.
Non-solicitation for employees under non-compete clauses clause
This variation applies to employees bound by non-compete agreements.
Neither party shall solicit or hire any employee of the other party who is bound by a non-compete clause or similar restriction during the term of this Agreement and for [specific timeframe] thereafter, without prior written consent.
Non-solicitation for employees who left within a certain timeframe clause
This variation applies to employees who left the other party's employment recently.
Neither party shall solicit or hire any employee who left the other party’s employment within [specific timeframe] before the termination of this Agreement, unless written approval is provided by the former employer.
Non-solicitation for employees involved in confidential collaborations clause
This variation applies to employees involved in confidential projects or collaborations.
Neither party shall solicit or hire employees who have been involved in confidential collaborations or projects during the term of this Agreement and for [specific timeframe] thereafter, without written consent from the other party.
Non-solicitation for employees working on critical projects clause
This variation applies to employees working on high-priority or critical business projects.
The parties agree that neither shall solicit or hire employees working on critical business projects, including product launches, during the term of this Agreement and for [specific timeframe] thereafter.
Non-solicitation for cross-functional teams clause
This variation applies to employees involved in cross-functional teams.
Neither party shall solicit or hire any employee who is part of a cross-functional team working on a project or initiative that involves both parties, during the term of this Agreement and for [specific timeframe] thereafter, without prior written consent.
Non-solicitation for employees with specialized market knowledge clause
This variation applies to employees with expertise in a specific market.
Neither party shall solicit or hire employees who possess specialized knowledge or expertise in a specific market or industry where the other party operates, during the term of this Agreement and for [specific timeframe] thereafter.
Non-solicitation for employees with vendor relationships clause
This variation applies to employees with relationships with vendors or suppliers.
The parties agree that neither shall solicit or hire any employee who has significant relationships with key vendors or suppliers of the other party during the term of this Agreement and for [specific timeframe] thereafter, unless authorized by the other party.
Non-solicitation for employees involved in corporate restructuring clause
This variation applies to employees involved in restructuring or reorganization.
Neither party shall solicit or hire any employee who is involved in a corporate restructuring, merger, or reorganization process within the other party’s organization during the term of this Agreement and for [specific timeframe] thereafter, without prior written consent.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.