In commercial and corporate transactions, one party from soliciting the employees or customers of another party during a specified period of time.

For a sample non-solicitation clause for use in a confidentiality agreement, see Standard Clause, Confidentiality Agreement: Non-Solicitation Clause.

In employment agreements, an employee for a specified period after their employment (and sometimes during the employment relationship) from soliciting the employer's other employees, clients, customers, vendors, or business partners, in an attempt to hire, retain, or create contractual relationships with them. Non-solicitation provisions or agreements typically:

For sample non-solicitation provisions in the employment context, see Standard Clause, Non-Solicitation Clause and Standard Document, Employee Non-Compete Agreement: Restrictive Covenants: Non-Solicitation of Employees and Non-Solicitation of Customers. For more on restrictive covenants generally in the employment context, including non-solicitation provisions, see Practice Notes, Protection of Employers' Trade Secrets and Confidential Information and Non-Compete Agreements with Employees.

In employment policies, current employees from soliciting other employees during working hours for any reason, including to:

Non-solicitation policies frequently prohibit third parties from soliciting employees or customers and distributing handouts or other literature on employer premises. Non-solicitation policies must comply with the National Labor Relations Act. For more information about the union organizing context, see Practice Note, Responding to Union Organizing Campaigns: Non-Solicitation and Non-Distribution Policies.