Non-Solicitation

[Andy_74]

Hi,
Are there specific laws in place with regard to non solicitiation between a recruiter and an employer in the Orange County, California?

I'm a recruiter, and my employer client wants me to add a non solicitiation clause into our contract, so that I don't solicitiat his employees for a period of time after the contract has expired.

Any advice is very welcome :~)

 

[quincy]

Hi,
Are there specific laws in place with regard to non solicitiation between a recruiter and an employer in the Orange County, California?

I'm a recruiter, and my employer client wants me to add a non solicitiation clause into our contract, so that I don't solicitiat his employees for a period of time after the contract has expired.

Any advice is very welcome :~)

Any non-solicitation clause in a California contract is likely to be unenforceable.

California Supreme Court, 2008, Edwards v. Arthur Andersen, 44 Cal. 4th 937, 189 P.3d285, 81 Cal Rptr. 3d 282 S147190: http://scocal.stanford.edu/opinion/edwards-v-arthur-andersen-33130

The ABA: https://www.americanbar.org/content/dam/aba/events/labor_law/2013/03/employment_rightsresponsibilitiescommitteemidwintermeeting/4_orrick.authcheckdam.pdf

 

[cbg]

Non-compete agreements are unenforceable in CA, but non-solicitations are not the same thing as non-competes.

The first link doesn't work; the second, though I did not read it all the way through, appears to be discussing non-competes. Does it go into non-solicitations later in the document?

 

[quincy]

Non-compete agreements are unenforceable in CA, but non-solicitations are not the same thing as non-competes.

The first link doesn't work; the second, though I did not read it all the way through, appears to be discussing non-competes. Does it go into non-solicitations later in the document?

There is a difference between non-compete agreements and non-solicitation agreements - although these are often included within the same contract. A non-compete agreement is broader in scope (it bars an employee from competing in any form) than a non-solicitation clause (which is aimed at the solicitation of clients).

California could enforce a non-solicitation clause if it has a narrow scope but, as a general rule, California courts will not enforce a covenant not to solicit. It matters if trade secrets are involved.

The ABA link provides information on "Enforcement of Non-Solicitation Clauses." Read a bit more.

Sorry about the link to the Edwards case. It is now fixed.