A non-solicitation lawyer helps employees understand whether a restriction on contacting former clients, customers or coworkers is enforceable and what they can safely do after leaving a job.

Non-solicitation clauses are more limited than non-compete clauses because they usually don’t stop you from working for a competitor. But a valid restriction can still affect valuable client relationships, business opportunities and your ability to recruit former colleagues.

If you’re changing jobs, starting a business or being accused of breaching a non-solicit, don’t guess about what your contract means. Samfiru Tumarkin LLP can review the agreement, assess the employer’s position and help you protect your career.

⚠️ If you receive a cease-and-desist letter, injunction application or other legal threat, don’t ignore it or admit that you breached the agreement. Have the restriction reviewed before responding.

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How Can a Non-Solicitation Lawyer Help?

A non-solicitation lawyer can determine what the clause actually restricts, whether it is enforceable and how it affects your next career move.

Samfiru Tumarkin LLP can help employees with:

  • Agreement review: Explaining the clients, customers, employees or other relationships covered by the restriction.
  • Enforceability: Assessing whether the clause is clear, reasonable and legally enforceable.
  • Changing jobs: Determining what contact you can have with former clients or coworkers when joining a competitor.
  • Starting a business: Reviewing how the restriction affects sales, marketing, hiring and customer relationships.
  • Employer threats: Responding to allegations that you breached a non-solicitation agreement.
  • Contract negotiation: Seeking to narrow or remove an overly restrictive clause before you sign.

Non-solicitation provisions are only one part of an employment contract. Confidentiality, non-compete and termination clauses can also affect what happens when you leave.

When Should You Speak With a Non-Solicitation Lawyer?

Get legal advice before the restriction causes you to give up a job, client relationship or business opportunity.

A review is particularly useful when:

  • you’re leaving for a competitor;
  • former clients want to follow you;
  • you want to contact customers after leaving;
  • you plan to hire former coworkers;
  • you’re starting a competing business;
  • your employer wants you to sign a new restrictive agreement; or
  • a former employer has accused you of solicitation.
💡 Don’t review a non-solicitation clause in isolation. Confidentiality and non-compete provisions can create separate obligations even when the non-solicit itself is weak or unenforceable.

Is Your Non-Solicitation Clause Enforceable?

Not automatically. A signed non-solicitation clause still needs to satisfy the legal rules governing restrictive covenants.

Courts scrutinize employment restrictions because they can interfere with an employee’s ability to earn a living. Important issues include:

  • who you are prohibited from soliciting;
  • what conduct is actually prohibited;
  • how long the restriction lasts;
  • whether the wording is clear;
  • the business interest the employer is protecting; and
  • whether the restriction goes further than reasonably necessary.

Non-solicitation clauses are often easier for employers to defend than broad non-compete clauses because they can protect client relationships without preventing an employee from working in the industry altogether.

Are non-solicitation clauses legal in Ontario?

Yes. Ontario’s statutory ban on most employee non-competes does not ban non-solicitation agreements. A non-solicit can still be challenged under the common law if it is unclear or unreasonable.

Ontario employees can read our guide to non-solicitation clauses in Ontario. Alberta employees can review the Alberta non-solicitation rules.

What Counts as Solicitation?

Solicitation usually involves actively pursuing or encouraging a former employer’s client, customer or employee to move their business or relationship to you.

Clear examples can include directly contacting a former client to offer competing services or asking a former coworker to leave and join your new company.

Other situations are less obvious. Whether a LinkedIn announcement, general marketing, responding to an unsolicited client inquiry or accepting business from someone who contacts you first breaches an agreement depends on the wording and the surrounding facts.

That distinction matters. Don’t assume every conversation with a former client is prohibited—but don’t assume passive-looking contact is automatically safe either.

Can you work for a competitor?

Usually, a true non-solicitation clause does not prevent you from working for a competitor. It restricts particular conduct after you leave.

If the agreement effectively prohibits competing employment itself, have it reviewed as a possible non-compete restriction. Our non-compete agreement lawyers can assess that issue.

What If Your Former Employer Says You Breached the Agreement?

Have the allegation and the actual contract reviewed before responding.

An employer can threaten damages or seek an injunction aimed at stopping conduct it says violates an enforceable restriction. Whether it can succeed depends on the agreement, the alleged conduct and the evidence.

Keep copies of:

  • your complete employment contract;
  • any separate restrictive-covenant agreement;
  • your resignation or termination documents;
  • emails, messages or other communications relied on by the employer; and
  • any lawyer’s letters or court documents you receive.
⚠️ Don’t delete messages, client communications or other relevant records after a dispute begins. Preserve the evidence and get legal advice before communicating further with the former employer.

You should also continue protecting confidential information. A dispute over whether solicitation occurred does not give you the right to take or use proprietary documents, client lists or other confidential materials.

Should a Lawyer Review a Non-Solicitation Agreement Before You Sign?

Yes, when the restriction could materially affect your clients, future employment or ability to build a business.

Employees in sales, financial services, technology, professional services and senior management should pay particular attention to restrictive covenants because client and employee relationships can be central to their future careers.

A lawyer can identify whether the clause is broader than necessary and help you negotiate clearer limits before a dispute exists.

For a complete review of a new job offer or replacement agreement, see our employment contract review service.

⚠️ Unionized? Contract disputes connected to your collective agreement must be addressed through your union and the grievance process. Samfiru Tumarkin LLP’s employment law team can’t assist with unionized workplace disputes.

Non-Solicitation Lawyer FAQs

Do I need a lawyer to review a non-solicit?

You don’t legally need one, but a review is valuable if the clause could affect clients, coworkers or an important career move.

Can a lawyer get a non-solicitation clause removed?

A lawyer can negotiate to remove or narrow the clause. Whether the employer agrees depends on the situation.

What if I already signed it?

Signing does not automatically make the clause enforceable. Have the actual wording reviewed before assuming you must comply.

Can my former employer stop me from contacting clients?

Yes, if an enforceable agreement validly restricts the conduct. The scope of the restriction depends on the contract.

A non-solicitation dispute can affect your next job, clients, business plans and professional reputation. The earlier you understand the restriction, the more options you usually have.

Samfiru Tumarkin LLP advises non-unionized employees before they sign restrictive agreements, when they change jobs and when current or former employers threaten enforcement.

Before giving up an opportunity or responding to an accusation, have the agreement reviewed and understand what it actually requires.

Facing a Non-Solicitation Dispute?

Before contacting former clients, responding to a legal threat or signing a restrictive agreement, understand what your contract actually allows.

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