Non-Solicitation Clauses in Employment Contract (BC)

A non-solicitation clause limits what an employee can do after leaving a job, usually when it comes to clients, customers, or coworkers.

In British Columbia, non-solicitation clauses are not automatically enforceable. Courts treat them more favourably than non-compete clauses, but they still require clear, reasonable and legally justified limits to hold up.

This page explains how non-solicitation clauses work in employment contracts in BC and when courts will — or will 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
• Using employment relationships for competitive purposes

Are Non-Solicitation Clauses Enforceable in BC?

Sometimes — but only if they are reasonable.

BC courts assess whether a non-solicitation clause is:

• Limited in time
• Limited in scope (how it restricts conduct)
• Focused on legitimate business interests
• Clear and unambiguous

Common Problems With Non-Solicitation Clauses in BC?

Non-solicitation clauses often fail because they:

• Apply for too long after employment ends
• Restrict more activity than necessary
• Are vague about who can’t be contacted
• Attempt to block general competition instead of client relationships

Non-Solicitation vs. Non-Compete Clauses in BC

These clauses are frequently confused, but they are treated very differently.

Non-solicitation clauses:

• Restrict contacting specific clients or employees
• Are more likely to be enforceable
• Still require reasonable limits

Non-compete clauses:

• Restrict where or whether someone can work
• Are rarely enforceable
• Face a much higher legal threshold

Should You Agree to a Non-Solicitation Clause?

You should get legal advice before agreeing to a non-solicitation clause if:

• You work in sales or client-facing roles
• Your industry relies on personal relationships
• You may change employers in the near future
• The clause is broadly worded 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 it is valid.

Legal advice can clarify:

• Whether the clause is enforceable under BC law
• Whether it goes beyond what courts allow
• How it affects your ability to work

Early advice often prevents unnecessary disputes.

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, get clear legal advice.

Speaking with an employment contract lawyer in BC at Samfiru Tumarkin LLP can help clarify whether a non-solicitation clause is enforceable and what your rights are after employment ends.