A non-solicitation clause limits what an employee can do after leaving a job, usually when it comes to clients, customers, or coworkers.
These clauses commonly appear in employment contracts. While they are often presented as standard terms, they are not automatically enforceable in British Columbia.
BC courts tend to view non-solicitation clauses more favourably than non-compete clauses, but they still require clear, reasonable, and legally justified limits.
This guide explains how non-solicitation clauses work in BC employment contracts, and when courts may — or may not — enforce them.
What Is a Non-Solicitation Clause?
A non-solicitation clause is a contractual restriction that may prevent a former employee from:
- Soliciting or doing business with former clients or customers
- Contacting coworkers to encourage them to leave the company
- Using relationships developed during employment for competitive purposes
Unlike a non-compete clause in BC, a non-solicitation clause does not usually prevent someone from working in the same industry.
Instead, it restricts specific activities involving the employer’s clients or employees.
Are Non-Solicitation Clauses Enforceable in BC?
Sometimes — but only if they are reasonable and clearly drafted.
BC courts closely examine restrictive clauses in employment contracts to determine whether they are justified.
Courts typically consider whether a non-solicitation clause is:
- Limited in time
- Limited in scope (what conduct is restricted)
- Designed to protect legitimate business interests
- Clear and unambiguous
Common Problems With Non-Solicitation Clauses in BC
Non-solicitation clauses sometimes fail because they:
- Apply for an unreasonable length of time
- Restrict more activity than necessary
- Are vague about who cannot be contacted
- Attempt to restrict general competition rather than client relationships
Non-Solicitation vs. Non-Compete Clauses in BC
These clauses are frequently confused, but they serve very different purposes.
Non-solicitation clauses:
- Restrict contacting specific clients or employees
- Allows employees to continue working in the same industry
- Are more likely to be enforceable
Non-compete clauses:
- Restrict where or whether someone can work
- Attempt to block employment with competitors
- Face a much higher legal threshold
If a non-solicitation clause would adequately protect an employer’s interests, a non-compete clause is unlikely to be upheld.
Should You Agree to a Non-Solicitation Clause?
You should consider getting legal advice before agreeing to a non-solicitation clause if:
- You work in sales or client-facing roles
- Your industry relies heavily on personal relationships
- You may change employers in the near future
- The clause appears broad or unclear
What If a Non-Solicitation Clause Is Enforced Against You?
If an employer threatens to enforce a non-solicitation clause, do not assume the restriction is valid.
Legal advice can clarify:
- Whether the clause is enforceable under BC law
- Whether the restriction goes beyond what courts allow
- How it affects your ability to work or contact clients
Get Advice Before You Sign
Non-solicitation clauses are common in BC employment contracts — but many are overly broad or poorly drafted.
Before signing a contract or responding to enforcement threats, it’s important to understand your legal rights.